HomeMy WebLinkAbout5/4/1983Wednesday, May 4, 1983
The Board of County Commissioners of Indian River
County, Florida, met in Regular Session at the County
Commission Chambers, 1840 25th Street, Vero Beach, Florida,
on Wednesday, May 4, 1983, at 8:30 o'clock A.M. Present
were Richard N. Bird, Chairman; Don C. Scurlock, Jr., Vice
Chairman; Margaret C. Bowman, Patrick B. Lyons and William
C. Wodtke, Jr. Also present were Michael J. Wright, County
Administrator; L.S. "Tommy" Thomas, Community Services
Director; Gary Brandenburg, Attorney to the Board of County
Commissioners; Jeffrey K. Barton, Finance Director; Dan
Fleischman, Bailiff; Barbara Bonnah and Virginia Hargreaves,
Deputy Clerks.
The Chairman called the meeting -to order.
Reverend Stan Sanford, First Baptist Church, Wabasso,
gave the invocation and Commissioner Margaret C. Bowman led
the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA
Attorney Brandenburg requested a report by Indian River
Shores Town Manager, Mr. Dorsky, be added to the Agenda,
the report being for the purpose of concurrence in $12,000
owed to Indian River County incurred during Pebble Bay waste
water improvements.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke or Lyons,
the Board placed the above item on today's
Agenda.
53 PACE
SAY 4 19
33
' MAY 41983
e53, mu -338
Attorney Brandenburg requested a short report on Vista
Royale litigation be added to today's Agenda.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously placed the above item
on today's Agenda.
Attorney Brandenburg requested the Commission's
consideration of a certificate as to public meetings
regarding the $5 -million beach bond issue. The statement,
to be signed by all Commissioners, attests that all aspects
of the bond issue were done in public, pursuant to the
Sutnshine Law. This certificate is needed prior to the
closing on May 10, 1983.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously placed the above item
on the. Agenda.
Administrator Wright requested consent of a workshop
hearing to be held May 9, 1983 to discuss the 4th courtroom
schematic design be added to today's Agenda.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Scurlock
the Board unanimously placed the above
item on today's Agenda.
Administrator Wright requested a discussion regarding
the acquisition of an airplane by the Sheriff's Dept. be
added to today's Agenda.
J
Pa
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the
Board unanimously placed the above item
on today's Agenda.
Finance Director Barton requested a general discussion
as to the timeframe for the presentation of the tentative
budget and scheduling of the budgetary workshops be added to
today's Agenda.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the
the Board placed the above item on
today's Agenda.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or
corrections to the Minutes of the Regular Meeting of April
20, 1983. There were none.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously approved the Minutes
of Regular Meeting of April 20, 1983.
as written.
PURCHASE OF AIRPLANE BY SHERIFF'S DEPARTMENT
Sheriff Dobeck addressed the Board and apologized for
the short notice given on this added item to the Agenda. He
explained that they have been trying to acquire a plane for
the past two years, and received a call the other day
regarding a one -owner aircraft for sale in Amarillo, Texas,
by a Doctor. He called a captain in Amarillo that he knew
had 5000 hours in the air and about 3000 instruction hours,
• 3 ..
MAY 41983 53 %E* 2
MAY
41993
a53
pAcEQ.
and
asked him to go out and look at the plane. The
captain
reported that the plane, a 1979 Cessna Centurion 210, is an
exceptionally good aircraft. The plane has a retail value
of $85,000, and a purchase price of $65,000.
Sheriff Dobeck reported that a $100,000 check would be
put into the Sheriff's forfeiture fund today and asked the
Commission's authorization to draw $65,000 out of that fund
to purchase the airplane. He stated that if the plane is
purchased, an agreement would be entered into with the
Commission to put the plane and the pilot at the disposal of
the Commissioners when needed, the only expense being the
cost of fuel.
Sheriff Dobeck reported that the total operational
expense of the plane was budgeted'at $9,000, which includes
$3,000 for insurance. He informed the Board that the plane
would be piloted by Sheriff's Department employee, Chuck
Gibbons, and described the plane as a single engine, 6 -
passenger Cessna, capable of over 200 knots, with a Robinson
S.T.O.L. kit on it valued at $15,000. The Sheriff informed
the Board that his department is now spending about $70 an
hour for the rental of aircraft when needed for rescue and
search for bodies and for narcotic surveillance. He thought
a plane would be a great asset to the Sheriff's Department
and to the County of Indian River.
Discussion followed as to whether other Florida
counties owned airplanes, and Sheriff Dobeck informed the
Board that most coastal counties do have planes and some
have two, depending on the size of the county. He felt that
this particular plane was a good size for our County.
Sheriff Dobeck assured the Commission that the guide-
lines were that the plane would be used for County business
only and that it would be very helpful to him in in his
increased travel to Tallahassee in lobbying for enforcement
legislation.
4
I
4
Administrator Wright estimated expenses of $3,000-
$5,000 were incurred in trips to date this year by the Board
members and future trips are already scheduled to
Jacksonville, Orlando, Palatka, etc.
Commissioner Scurlock felt that any expenses incurred
in the use of the County plane should be paid by the
specific County department involved.
Commissioner Wodtke asked who would be certified to fly
the plane and Sheriff Dobeck said he would be more than glad
to have the County Attorney draw up an agreement between the
County Commission and the Sheriff's Dept. to allow other
certified pilots to fly the aircraft.
Discussion was held on the recent replacement of a
brand new engine in the plane due to a small accident on the
runway, and the engine having only 1500 hours on it.
Commissioner Wodtke felt that the Cessna 210 was a good
airplane, but the only problem he would have with purchasing
it, is that he owns a Beachcraft and it is tough to own a
Beachcraft or a Cessna when Piper makes airplanes here.
Commissioner Lyons noted that we are not purchasing a
new plane.
Sheriff Dobeck stated he had written four corporations,
including Piper, asking that they donate a plane to the
County and that they were very polite when they said "No".
It was agreed that the County would have preferred to
purchase a plane manufactured by Piper Aircraft of Vero
Beach; however, Piper 6 -passenger models have wings which
extend from beneath the fuselage, making them less desirable
for surveillance work. The Centurion's wings extend from
above the fuselage, providing a better view of the ground
from either side of the plane.
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, to approve,
5
L- MAY 4 1981
DrK 5;
Sheriff Dobeck's request to purchase the
Cessna aircraft and an appropriate agreement
be entered into with the Commission for any
possible use of the aircraft by the Commission;.
and approve the necessary budget amendment, as
follows:
May 4, 1983
w�Kl
To: Board of County Commissioners
d
FroJeffrey K. Barton, Finance Director
Subject: Unanticipated revenues
The following budget amendment is needed to correctly record the unanticipated
revenues received from R.T. Dobeck, Sheriff:
Account Title Account No. Increase Decrease
Confiscated Property 112-000-351-20.00 65,000
Expense -Budget Office 112-600-521-99.93 65,000
Sheriff Dobeck explained for the benefit of the people
in attendance, that the $100,000 was obtained through drug
seizures/confiscations over the last six months, and that
they are now starting to receive some of that money back
from the court systems. He stated that the use of these
funds to purchase an aircraft is legally permitted as the
vehicle's main use would be the surveillance of criminals.
The Chairman CALLED FOR THE QUESTION.
The Motion was voted on and carried
unanimously.
CLERK TO THE BOARD
A. Application for Concealed Firearm Permit- E. Schneider
The Board reviewed the following memo dated 4/25/83 and
letter from applicant.:
6
%I.
TO: The Honorable Members of DATE: April 25, 1983 FILE:
the Board of County Commissioners
SUBJECT: PISTOL PERMIT -
EUGENE CHARLES SCHNEIDER
FROM: Michael Wright REFERENCES:
County Administrator
In a memorandum dated April 5, 1983, Freda Wright,
Clerk of the Circuit Court forwarded the following appli-
cation for a pistol permit for:
Eugene C. Schneider
All requirements of Ordinance 82-27, which was
adopted November 3, 1982 have been met and are in order.
It is recommended a pistol permit be issued to
Mr. Schneider.
MW/mg
APPROVED AGENDA ITEM
BY W
FOR Ma 42 1983
ATTACHMENT: Mr. Schneider's Letter of April 20, 1983
Board of County Commissioners
Indian River County
Vero Beach, Florida
Gentlemen:
April 20, 1983
cb
►./ h... V .
Uti(it:es
P:ro4rce
On my application for a firearm concerning' i11, page 2, where I
stated I had not been arrested previously, this was an error on my
part. As you know, there was an arrest but no formal charges were
brought against me, all charges were dismissed. I was confused re-
garding this question. I thought that this was not an arrest because
I was never taken to Court.or convicted.
Respectfully,
7u ne Charles Schne' e
E ge
5 PACE 343
►./ h... V .
Uti(it:es
P:ro4rce
On my application for a firearm concerning' i11, page 2, where I
stated I had not been arrested previously, this was an error on my
part. As you know, there was an arrest but no formal charges were
brought against me, all charges were dismissed. I was confused re-
garding this question. I thought that this was not an arrest because
I was never taken to Court.or convicted.
Respectfully,
7u ne Charles Schne' e
E ge
5 PACE 343
K
MAY 41983 BOOK- 53 PAGE 2,44
Administrator Wright explained that this matter had
been postponed from the last meeting pending additional
information which is attached in today's backup material.
He stated that after review of the additional information he
concurred with Sheriff Dobeck in the recommendation for
approval of a permit to carry a concealed weapon for Eugene
C. Schneider.
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Scurlock, that
the Board approve the concealed firearms
permit for Eugene C. Schneider, as recom-
mended by Administrator Wright.
Discussion arose regarding the information that was
supplied during the last meeting, but not included in
today's backup material, showing that Mr. Schneider was
arrested 3 times on the same day, but no formal charges were
filed.
The Chairman CALLED FOR THE QUESTION.
The Motion was voted on and the Board
denied approval of a concealed firearms
permit to Eugene C. Schneider by a 3-2 vote,
with Commissioners Bowman and Wodtke, and
Chairman Bird voting in opposition.
BUDGETARY WORKSHOP SCHEDULE
Finance Director Barton explained that he had requested
this item be added to today's Agenda in order to determine a
schedule of budgetary workshop sessions.
Director Barton informed the Board that formal presen-
tation of the temporary budget and all backup material will
be issued at the Regular Meeting of the Board of County
8
Commissioners on July 6, 1983, and hoped to start the
workshops by July 11th.
Commissioner Scurlock preferred half-day sessions for
the workshops to be scheduled either in the morning or
afternoon. Commissioner Lyons requested no evening sessions
be scheduled.
Director Barton expected many of the recommendations
will be presented at the workshops with the work already
completed. Commissioner Scurlock hoped it would be more
streamlined this year, but considered the budgetary work-
shops one of the most important functions of the Board.
Discussion followed on when to schedule the meetings
and the Commissioners agreed to block out or reserve July 7
& 8, and the week of July 11th, amounting to seven working
days; the schedule to be flexible in re to morning or
afternoon sessions.
CONSENT AGENDA
A. Release of Performance & Payment Bond - Florida Land
Company- Bent Pines Units 3 & 4
The Board reviewed the following memo dated 4/13/83:
TO: The Honorable Members of the DATE: April 13, 1982 FILE:
Board of County Commissioners
THiRU; Michael Wright,
County Administrator
> y
FROM: James w. Davis, P.E.
Public Works Director
SUBJECT: Request for Release of Performance
and Payment Bond - Florida Land Company
Bent Pines Unit 3 & 4
1. .
it
REFERENCES:
DESCRIPTION AND CONDITION
i
On December 17, 1980, the Board of County Commissioners approved the Final Plat
of Bent Pines
Unit a&4
subject to Florida Land Company securing a Performance
Bond in the amount of $370,278 for construction of requiredimprovements. The
Owners agent, Continental Group, the Engineer -of -Record, and the owner are
requesting release of the subject performance bond.
9
MAY 41983 g PAGE
MAY 41933 sec` FuE
ALTEIMTIVES AMID ANALYSIS
The Public Works Director has inspected the site and verified that all improvements
have been constructed in substantial conformance with the approved construction
drawings and County Standards. In.addition, the following has been received:
1) Record (As -Built) drawings of the improveme..nts by the Engineer -of -
Record.
2) Release of lein affidavits by the Contractor.
3) Certificate of Completion from the Engineer -of -Record.
4) Density test reports.
It is recammended that the Florida Land Co. Payment and Performance Bond for
Bent Pine Unit 3 and 4 in the amount of $370,278 (Fla 310562) be released.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously approved the release
of Performance and Payment bond to
Florida Land Company for Bent Pines Units
3 & 4 in the amount of $370,278, as recom-
mended.
B. Termination of Agreement for Compensation of Special
Assistant Public Defenders
The Board reviewed the following letter dated 4/13/83:
MARTIN COUNTY OFFICE: ELTON' H. SCHWARZ
IMAIN OFFICE) PUBLIC DEFENDER DIRECT LINES TO MAIN OFFICE:
SUITE 215. COURTHOUSE ANNEX NINETEENTH JUDICIAL CIRCUIT OF FLORIDA
(305) 287.2966 (STUART)
P. O. BOX 2314 ( 305 ) 464_8564 I FORT PIERCE)
STUART, FLORIDA 33495.2314 ( 305) 562-1515 (V.ERO BEACH)
( 305) 283,6760 EXT. 380 t 813) 763-7979
April 13, 1983
Gary Brandenburg, Esquire
Countv Attorney
1840 25th Street
Vero Beach, Florida 32960
Dear Mr. Brandenburg:
REPLY TO: Stuart
I am Presently in the process of obtaining cabinet approval
transfer of necessary funds in order to reinstate the varous Assis-
tant Public Defenders to our payroll as of April 1, 1983. I do not
10
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anticipate any difficutlies with this transfer and have therefore
prepared an agreement terminating the original contracts entered into
as of January 1, 1983 as of March 31, 1983.
I will appreciate your having these agreements approved by the
Board of County Commissioners and forwarding two executed copies to
me at your earliest convenience.
I will also appreciate your extending my sincere appreciation to
the Board of County Commissioners for their cooperation in assisting
the criminal justice system during the past three months.,
/.
Very, i our_
1�tonH. SAti arz
i�ublie ` Defender
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously approved for Chairman's
signature the Termination of Agreement for
Compensation of Special Assistant Public
Defender Bruce Smith.
TERMI NAT I ON AGREEMENT
This agreement made and entered into by and between
Indian River County, a political subdivision of the State
of Florida, by and through its Board of Coumty Commissioners,
hereinafter referred to as "County"; Elton H. Schwarz, as Public
Defender in and for the Nineteenth Judicial Circuit of the State
of Florida, hereinafter referred to as "Public Defender"; and,
Bruce J. Smith , a member of the Florida Bar, in good
standing, hereinafter referred to as "Attorney".
11
MAY 4 1983
66c 53 qac 3:47
WOK PAW
W I T N E S S E T H
WHEREAS, the Attorney has heretofore entered into an
agreement with the County, effective as of January 1, 1983 for
rendition of legal services as Special Assistant Public Defender
while on leave of absence without pay from the office of the
Public Defender; and, whereas, the Public Defender has reinstated
the Attorney as Assistant Public Defender effective April 1, 1983;
NOW, THEREFORE, BY VIRTUE THEREOF, IT IS HEREBY AGREED
AS FOLLOWS:
.l) That the aforementioned agreement for rendition
of services by the Attorney as Special Assistant Public Defender,
to be compensated by the County in accordance with the terms
thereof, is hereby terminated as of 12 o'clock midnight, March 31,
1983.
IN WITNESS WHEREOF the parties have executed this
Termination Agreement in the manner prescr
respective dates stated below.
Dated: May 4 1983 Indian River
Chai
of G
Attest
Clerk
Dated: April �j 1983
Approved as t form
and legal Id a
By
Ga t. brandendmrg
C ty Atty1ty
Board of County Commissioners
.n River Countv. Florida
(Seal)
Nineteenth Judicial Circuit
State of Florida
Dated: April, 1983 &", (Seal)
Attornev
The Florida gMembership No. -2Y3 o
(Original of this Agreement on file in Clerks Office)
12
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C. Authorization for Out -of -County Travel for Commissioners
and Staff
The Board reviewed the following letter dated 4/18/83:
�'•'�.iw`«r: 'vivo.
A'Twi WATER
f MANAGEMENT
DISTCT
April 18, 1983
POST OFFICE BOX 1429 • PALATKA, FLORIDA 32077
9041328-8321
The Honorable Richard N. Bird
Chairman, Board of County Commissioners
1840 25th Street
Vero Beach, FL 32960
Dear Commissioner Bird:
Thank you for your letter of April 8, 1983. The people of Indian
River County are fortunate to have a Board of County Commissioners
that is willing to represent their interests to other governing
entities.
At our last Governing Board meeting on April 13, it was decided
to hold a public meeting on the proposal to re—designate the
St. Johns River Marsh from a Type II to a Type I Wildlife Management
Area. The meeting is scheduled for Wednesday, May 25, 1983 in the
lecture auditorium of the Brevard Community College, 3865 N. Wickham
Road, Melbourne, Florida, beginning at 7 p.m.
We welcome the input of the citizens and taxpayers of Indian River
County and we will gladly hear and consider their concerns. We trust
they will be adequately represented at the May 25 meeting.
Sincerely,
r
•
Frances S. Pignone
Chairman
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously authorized out -of -County
travel for Commissioners and staff to attend
a meeting of the St. Johns River Water
Management District in Melbourne, Florida on
May 25, 1983.
13
MAY 41983 arc 53- Pic tf 349
MAY 41983`
D. Request to Rebid IRC Bid #165 - Weighing Control Device
The Board reviewed the following memo dated 4/26/83:
TO: Board of County Commissioners DATE: April 26, 1983 FILE:
i
THRU: Michael Wright SUBJECT: IRC BID #165 - Weighing Control
County Administrator Device with Printer for Landfill
Department.
FROM: Caroly Goodrich REFERENCES:
Purchasing Department
Manager
I. Description and Conditions
Bids were received April 19, 1983 at 11:00 A.M. for IRC BID #165- Weighing
Control Device with Printer for the Landfill Department. -'This will replace
equipment originally installed in 1978.
3 Bid Proposals were sent out, 3 were received.
2. Alternatives and Analysis
The low bid was submitted by The Scale Man, Davie, F1., Items 1 & 2 are manufac-
tured by Pennsylvania Scale Company. Item #3, the back up power supply is'a
Wilmore supplied by Southeastern Electronics, Inc. All equipment meets specifi-
cations. However, because the bid specifications did not specifically request
installation charge and time required for delivery of equipment, The Scale Man
bid did not include these items. Copy of follow up letter is attached stating
3 week delivery and installation charge of $492.00, making the Total Bid $4689.60.
The second low bid was submitted by Holzer & Co., West Palm Beach, for Toledo
Scale equipment. Total Bid $5326.00. All equipment meets specifications.
3. Recommendation and Funding
Staff recommends the specs for IRC #165 be clarified and these items be re -bid.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously authorized staff to
rebid IRC Bid #165, Weighing Control
Device with Printer for Landfill Dept.
14
s
E. Approval of Requisition for the Fourth Quarterly Payment
FY 1983 of Annual Contributions Contract - Section 8
Existing Housing Rental Assistance Program
The Board reviewed the following memo dated 4/26/83:
TO: Board of County DATE: 4/26/83 FILE:
Commissioners
FROM: Michael Wright
County Administrator SUBJECT: Requisition for the Fourth
Quarterly Payment FY 1983 of
Annual Contributions Contract -
Section 8 Existing Housing Rental
Assistance Program
FROM: Edward J. gan REFERENCES:
Executive Director
IRC Housing Authority
It is recommended that the data herein presented be given
formal consideration by the County Commission.
In order to requisition funds quarterly from the U.S. De-
partment of Housing and Urban Development to operate our Section
8 Housing Assistance Program, we are required to submit four (4)
executed copies of HUD Form 52663. This is consistent with our
Annual Contributions Contract entered into on December 30, 1978
and as amended August 3, 1982.
I respectfully request the Board of County Commissioners
authorize the Chairman to execute the four copies of HUD Form
52.663 for the Fourth Quarterly payment.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously authorized for Chair-
man's signature the Requisition for the
Fourth Quarterly Payment FY 1983 of Annual
Contributions Contract - Section 8 Existing
Housing Rental Assistance Program.
15
MAY 4 1983 arc ' AGEVJD1
litiO42663
'(5.75)
U.S. DEPARTMENT OF HOUSING AND URBAN DEVLLUVMENT FOR HUD USE ONLY
REQUISITION FOR PARTIAL PAYMENT OF ANNUAL CONTRIBUTIONS
HOUSING ASSISTANCE PAYMENTS PROGRAM Voucher Numbur
SECTION 23 SECTION 80
Date of Requisition 4/26/83 Fiscal Year Ending Date 9/30/83 For Quarter Ending 9/30/83
/LAME AND ADDRESS OF PUBLIC HOUSING AGENCY (Including Zip Code)
Indian River County Board of County Commissioners
1840 25th St., Suite S-321, Vero Beach, Fla. 32960
DEPOSITARY BANK (Name, Address and Account Number)
The First Bankers of Indian River County
ACC Contract Number A-3409
ACC C ntract umberL29—34001 & Op?_
No. of Months in Fiscal Year 12
Type of Project:
Vero Beach, Fla. 32960 Acct. #98-04000-1
® EXISTING NEW REHAB.
a. Number of Units Under lease to Eligible Families as of Date of Requisition 137
b. Estimated Number of Units to be under Leine at End of Requested Quarter 185
c. Averep Monthly Housing Assistance Payment Per Unit as of Date of Requisition 161
DESCRIPTION
ESTIMATE OF
REQUIRED
ANNUAL
CDNTRIBUTiONS
TOTAL COST
INCURRED
TO DATE
ESTIMATED
ADDITIONAL
COST REQUTO ENDESTEDOF
QUARTER
CUMULATIVE
TOTAL
FUNDS
REQUIRED
(t)
(2)
(3)
(4)
(5) I
PRELIMINARY ADMINISTRATIVE EXPENSE
1. Preliminary Administrative Expense—Prior to ACC (Account 4010)
0
0
C
9,996
5, 8314
9 , 996
2. Preliminary Administrative Expanse—After ACC (Account 4012)
,165
5,831
4 ,16 5
9 , 99G
3. Total Preliminary Administrative Expense (Lines 1 d 2)L9,996
NONEXPENDABLE EQUIPMENT
4. Repimment of Nonexpendable Equipment (Account 7520)
0
0
0
5. Property Betterments and Additions (Account 7540)
0
0
0
6. Total Nonexpendable Equipment (Lines 4 d 5)
7,600
6,713
887
7,600
HOUSING ASSISTANCE PAYMENTS
7. Housing Assistance Payments (Account 4715)
444,363
167,452
105,616
273,068
ADMINISTRATIVE FEE
8. Total Administrative Fee Approved for Fiscal Year
54,309
B. Monthly Rete of Administrative Fee (Line 8 divided by number of months
in fiscal year)
4.525
10. Amount Previously Requisitioned for fiscal year
40,725
9,060
11. Estimated Additional Amount Required to end of Requested Quarter
49,785
12. Total Administrative Fee (LinesJO& 11)
INDEPENDENT PUBLIC ACCOUNTANT AUDIT COSTS (Section 8 only)
13. Total Independent Public Accountant Audit Costs
0
0
I
SECURITY AND UTILITY DEPOSITS (Section 23 only)
14. Total Alle mice Approved for Security and Utility Deposits
0
15. Amount Previously Requisitioned for Fiscal Year
0
16. Estimated Additional Amount Required to End of Requested Quarter
0
17. Total Security and Utility Deposits (Lines 15 d 16)
0
AMOUNT OF THIS REQUISITION
X
18. Total Funds Required to End of Requested Quarter (Lines 3, 6, 7, 12,
13d 17)
340,449
263,417
19. Total Partial Pay menu Received for Fiscal Year to Dete
20. Partial Payment Requested (Line 18 minus Line 19)
77,032
IST
INSTALLMENT
2ND
INSTALMENT
3RD
INSTALLMENT
TOTAL
METHOD OF PAYMENT
21. Requested Installment Payments
25,677
25-677
99;.f;7R
77-032
1 CERTIFY that housing assistance payments have bon or will be made only with respect to units which: (1) are under lease by Families at the time such
housing Distance Payments are made except as otherwise provided in the Housing Assistance Payments Contracts and (2) the Housing Aplenty has within
one year prior to the nuking of such housing assistance payments. adequately inspected or caused to its inspected (including inspection of grounds, facilities,
and areae for the benefit and use of the Families) to assure that decent, safe and sanitary housing accommodations we being provided; that all applicable pro
virions of the above numbered Contract have beton complied with by the Housing Agency; and that this requisition for annual contributions has bon exam-
ined.fuy me and to the best of my It ief it is true, correct and wmP 3ard of County Conmissioners , Indian
May 4 1983 approved S to for Pu is using enc
Y , and ley, )ffi Y
(Date) (Signature and Title of O field Authortsed to Certify)
HUD FIELD OFFICE APPROVAL
G y M. raanden urg
C ( t y Attot
(Sionatum and Title of (Date)
MR
S
F. Extension of Preliminary Plat Approval - Country Pines
Subdivision
The Board reviewed the following memo dated 4/14/83:
TO: The Honorable Members DATE: April 14, 1983 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE
. 01 SUBJECT:
atri.ck Bruce King, A P
REQUEST FOR EXTENSION
OF PRELIMINARY PLAT
APPROVAL FOR COUNTRY
PINES SUBDIVISION
. % f
FROM*Clare Zimmerman REFERENCES:
Planner I
It is requested that the information presented herein be given
formal consideration by the Board of County Commissioners at
their regular meeting on May 4, 1983.
DESCRIPTION & CONDITIONS
Country Pines Subdivision is a ± 10 acre, 16 lot subdivision,
located on the north side of South Gifford Road, approximately
1/4 mile west of 58th Avenue.
The property is zoned R-1, Single-family Residential (6 dwelling
units/acre allowable building density), and has a LD -1, Low
Density Residential, (up to 3 dwelling units/acre allowable
building density) land use designation. The actual building
density is 1.6 dwelling units/acre.-
Preliminary plat approval was granted on February 17, 1982.
ALTERNATIVES & ANALYSIS
The applicant has begun work on the subdivision, although no
actual construction has been undertaken. The applicant has
requested one 18 month extension of preliminary plat approval,
citing the existing economic conditions in the County as the
reason for his request.
The building density of the proposed development is 1.6 dwelling
units/acre and therefore, the proposed subdivision is still in
conformance with the County's Zoning Regulations and
Comprehensive Plan.
RECOMMENDATION
Historically, the Board of County Commissioners has granted one
18 month extension of preliminary plat approval to those
subdivisions which are still in conformance with the
Comprehensive Plan when the extension is requested. Therefore,
staff recommends that the 18 month extension of preliminary plat
approval which has been requested be granted.
MAY 4 1993
L_
1
17
53 rw-3,53
MAY 4 1983
8 ( 53w 5 4
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously approved extension of
preliminary plat approval for Country
Pines Subdivision.
G. Release of Easement - Oslo Park Subdivision, Lots 7 & 8
- Mark Herman
The Board reviewed the following memo dated 4/18/83:
TO: The Honorable Members
of the Board of DATE: April 18, 1983 FILE: ER -83 -06 -1 -
County Commissioners
DIVISION HEAD CONCURRENCE:
atrick Bruce King, y
Cp SUBJECT.
THROUGH: Bob Keating, AICP<2.12/ �►
Planning & Zoning Dept. Manager
RELEASE OF EASEMENT
REQUEST BY MARK HERMAN
SUBJECT PROPERTY: LOTS
7 & 8, BLOCK A, OSLO PARK
SUBDIVISION
FROM: Charles Kindig, REFERENCES:
Zoning Inspector
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of May 4, 1983.
DESCRIPTION AND CONDITIONS
The County has been petitioned by Mark Herman, owner of the
subject property, for release of the five (5) foot utility and
drainage easement, being the south 5 feet of Lot 7, Block A and
the north 5 feet of Lot 8, Block A, Oslo Park Subdivision. Lot
7 is 50 feet in width and 138 feet in depth; Lot 8 is 50 feet
in width and 138 feet in depth. It is Mr. Herman's intention
to consolidate the two lots and construct a residence on the
site.
The current zoning classification is R-1, Single -Family
Residential. The land use designation is LD -2, Low Density,
six units/acre.
ALTERNATIVES AND ANALYSIS
The request has been reviewed by Southern Bell, Florida Power
and Light Company, Florida Cablevision, Inc. and the Utility
and Right -of -Way Departments. Based upon their reviews, there
were no objections to release of the easement. The zoning
staff analysis, which included a site visit, showed that
drainage would be adequately handled by the existing front and
side swales.
18
f
It is the Zoning Department's opinion that to release the
common side lot 5 foot easements of lots 7 and 8, Block A, Oslo
Park Subdivision, would have no adverse effect.
RECOMMENDATION
Staff recommends to the Board, through adoption of a resolu-
tion, the release of the common side lot 5 foot easements of
lots 7 and 8, Block A, Oslo Park Subdivision.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously adopted Resolution 83-30,
authorizing release of the side lot easements
of Lots 7 & 8, Block A, Oslo Park Subdivision
to Mark Herman.
RESOLUTION NO. 83-30
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, have been requested to release the common side
lot 5 foot easements of lots 7 and 8, Block A, Oslo Park
Subdivision, according to the Plat of same recorded in Plat
Book 2, Page 25, of the Public Records of Indian River
County, Florida.
WHEREAS, said lot line easements were dedicated on the Plat
of Oslo Park Subdivision for public utility purposes, and
WHEREAS, the request for such release of easements have been
submitted in proper form;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following
lot line easements in Oslo Park Subdivision shall be
released, abandoned and vacated as follows:
Those common side lot 5 foot easements of lots 7 and 8,
Block A, Oslo Park Subdivision, according to the Plat
of the same filed in the Office of the Clerk of the
Circuit Court of Indian River County, Florida, in
Plat Book 2, Page 25.
BE IT FURTHER RESOLVED that the Chairman of the Board
of County Commissioners and the Clerk of the Circuit Court
19
MAY 41993 ��5
MAY 4 198
be and they hereby are authorized and directed to execute a
release of said lot line easements hereinabove referred to
in form proper for recording and placing in the Public
Records of Indian River.County, Florida,
This 4th day of May 1983.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY: GK
Richard N. Bird, Chairman
H. Release of Easement - Oslo Park Subdivision, Lots 1 & 2
Scott & Janet Lee
The Board reviewed the following memo dated 4/18/83:
TO: The Honorable Members
of the Board of DATE: April 18, 1983 FILE: ER -83-06-16
County Commissioners
DIVISION HEAD CONCURRENCE:
Patrick Bruce King, AI UBJECT:
THROUGH: Bob Keating,
Planning
& zoning Dept.
FROM.
• Charles Kind� i , "
Zoning Inspector
AICP .
Manager
RELEASE OF EASEMENT
REQUEST BY SCOTT &
JANET LEE - SUBJECT
PROPERTY: LOTS 1 & 2,
BLOCK F, OSLO PARK
SUBDIVISION
REFERENCES:
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of May 4, 1983.
DESCRIPTION AND CONDITIONS
The County has been petitioned by Mr. & Mrs. Scott Lee, owners
of the subject property, for release of the ten (10)foot
utility and drainage easement, being the south 5 feet of Lot 1,
Block F, and the north 5 feet of Lot 2, Block F, Oslo Park
Subdivision, Unit #2. Lot 1 is 50 feet in width and 139 feet
in depth; Lot 2 is 50 feet in width and 139 feet in depth. It
is Mr. & Mrs. Lee's intention to utilize these two (2) lots
as two wider parcels. The lots presently run east to west and
the applicants wish to change the lots to run north and south,
making one lot. 70 X 100 and the other lot 69 X 100.
The current zoning classification is R-1, Single -Family
Residential. The land use designation is LD -2, Low Density, six
units/acre.
20
ALTERNATIVES AND ANALYSIS
The request has been reviewed by Southern Bell, Florida Power
and Light Company, Florida Cablevision, Inc. and the Utility
and Right -of -Way Departments. Based upon their reviews, there
were no objections to release of the easement. The Zoning
staff analysis, which included a site visit, showed that
drainage would be adequately handled by the existing front and
side swales.
It is the Zoning Department's opinion that to release the
common side lot 5 foot easements of -Lots 1 & 2, Block F, Oslo
Park Subdivision, Unit #21 would have no adverse effect.
RECOMMENDATION
Staff recommends to the Board, through adoption of a
resolution, the release of the common side lot 5 foot easements
of Lots 1 and 2, Block F, Oslo Park Subdivision, Unit #2.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously adopted Resolution 83-31,
authorizing release of the side lot easements
of Lots 1 & 2, Block F, Oslo Park Subdivision
to Scott & Janet Lee.
RESOLUTION NO. 83-31
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, have been requested to release the common side
lot 5 foot easements of lots 1 and 2, Block F, Oslo Park
Subdivision, Unit 2 according to the Plat of same recorded in
Plat Book 2, Page 25, of the Public Records of Indian River
County, Florida.
WHEREAS, said lot line easements were dedicated on the Plat
of Oslo Park Subdivision, Unit 2 for public utility purposes, and
WHEREAS, the request for such release of easements have been
submitted in proper form;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following
lot line easements in Oslo Park Subdivision, Unit 2 shall be
released, abandoned and vacated as follows:
21
MAY 4 1983 boa 53 PAA5,7
BOK 53
Those common side lot 5 foot easements of lots 1 and 2,
Block F, Oslo Park Subdivision, Unit 2, according to
the Plat of the same filed in the Office of the Clerk
of the Circuit Court of Indian River County, Florida, in
Plat Book 2, Page 25.
BE IT FURTHER RESOLVED that the Chairman of the Board of
County Commissioners and the Clerk of the Circuit Court be and
they hereby are authorized and directed to execute a release of
said lot line easements hereinabove referred to in form proper
for recording and placing in the Public Records of Indian River
County, Florida.
This. 4th
day of May , 1983.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
Ely:
Ric and N. Bird, Chairman
PROCLAMATION - "SENIOR CITIZEN WEEK" - MAY 15-21, 1983
Chairman Bird on behalf of the Board of County Commis-
sioners of Indian River County designated by proclamation
the week of May 15-21, 1983 as "Senior Citizen Week."
Polly Crowell, President of the Board of Directors of
the Council on Aging, accepted the proclamation and invited
everyone to attend one of the open houses being held from
8:00 a.m. to 4:00 p.m. everyday during Senior Citizen Week.
22
P R O C L A M A T I O N
WHEREAS, the President of the United States has designated
May as OLDER AMERICANS MONTH: and
WHEREAS, all citizens should be enlightened of the needs of
the elderly, and special considerations given to the awareness
and fulfillment of those needs; and
WHEREAS, over 16,000 residents of Indian River County are
SENIOR CITIZENS, and qualify for special recognition; and
WHEREAS, the Indian River County Council on Aging has served
the entire county for over nine years providing services without
regard to race, income, religion or national heritage; and
WHEREAS, the Council on Aging has been named Coordinator of
transportation for the county, and during 1982 made over 25,000
trips to supply transportation to the elderly; and
WHEREAS, during 1982 the Council on Aging performed over
14,000 hours of in-home service to the SENIOR CITIZENS of the
county, and expended over $80,000 in non-federal funds to
purchase and equip a new senior center serving the senior
citizens recreational, educational and nutritional needs; and
WHEREAS, Indian River County recognizes the efforts of the
Council on Aging to serve the needs of the SENIOR CITIZENS of
our county; and
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the week of
MAY 15 - 21, 1983 be designated as "SENIOR CITIZEN WEEK", and
urge all citizens of Indian River County to support the
activities of the Council on Aging in its efforts to recruit
volunteers and solicit funds to serve Indian River County's
SENIOR CITIZENS.
ATTEST:
Freda Wright, G erk
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY
Richard N. Bird, Chairman
23
MAY 41983 Box 53 pw359
PROCLAMATION - BRIGADIER GENERAL EUGENE RUFUS CROMARTIE DAY
- APRIL 30, 1983
Chairman Bird on behalf of the Board of County Commis-
sioners of Indian River County designated by proclamation
April 30, 1983 as Brigadier General Eugene Rufus Cromartie
Day.
Chairman Bird reported that he had represented the
Commission at a scholarship banquet at Dodger Pines, at
which time he presented the proclamation to Brigadier
General Cromartie.
PR 0 C L A M A T I O N
WHEREAS, BRIGADIER GENERAL EUGENE RUFUS CROMARTIE, is a
native of Wabasso, Florida and alumnus of the 1953 Gifford High
School graduating class; and
WHEREAS; BRIGADIER GENERAL CROMARTIE has received the
following United States decorations and badges; Bronze Star
Medal, Meritorius Service Medal, Army Commendation Medal and
Parachutist Badge; and
WHEREAS, the Thomas -Powell Memorial Scholarship Foundation
is celebrating its Fourth Annual Banquet which is being sponsored
by the 1969 Gifford High School Class and at which the 1953
Gifford High School graduates will be in attendance; and
WHEREAS,. BRIGADIER GENERAL CROMARTIE has returned to the
Wabasso and Gifford area and will be a speaker and an honored
guest at the Thomas -Powell Memorial Scholarship Foundation
Banquet on April 30, 1983; and
WHEREAS, Indian River County, wishes to recognize the
achievements of BRIGADIER GENERAL CROMARTIE;
i
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
24
s � r
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that April 30th,
1983 be designated as
BRIGADIER GENERAL EUGENE RUFUS CROMARTIE DAY
and in behalf of the citizens of Indian River County, Florida the
Board does hereby thank and congratulate BRIGADIER GENERAL EUGENE
RUFUS CROMARTIE for his outstanding services and contributions to
our country.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA,
By
Richard N. Bird, C airman
ST. FRANCIS MANOR - MEAL PROGRAM
The Board reviewed the following material:
Michael O'Haire, Esq.
Smith, O'Haire, Quinn & Garris
3111 Cardinal Drive
Vero Beach, Florida 32960
Dear Michael:
April 19, 1983
The County Commission received your memorandum dated April 12,
1983 and requested this office to review the matters brought to
their attention by the memorandum.
As you are aware, the County has undertaken to review the books
and records of St. Francis Manor prior to deciding the Manor's
request for a $999.00 donation. The matters contained in your
April 12, 1983 letter will be part of the review. I have written
Mr. Zorc and have requested a written response to the points in
your memorandum. Following receipt of his response and review of
the books of the Manor by the Finance Department, the County
Administration will be in a position to make a recommendation on
your suggestion to request a review by the Department of State.
Sincerely,
fM. Brandenb rg
ty Attor
25
MAY 4 1983 -.Boa 53 PAGE 61
FP"__
BA�QK
MAY 4 1993 5
P
%aw Or raOlogs oar
SMS, WHAIRE, QUINN GARRRIS M
rti
SHERMAN N.SMITH.JR.
MICHAEL O NAIRE
JEROME O. QUINN
CHARLES E. GARRIS
ALAN S. POLACKWICH, SR.
MEMORANDUM
TO:
April 12, 1983
MEMBERS OF BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY
Our client, the Vero Beach
we contact you concerning
the Commission for public
Apartments of Vero Beach,
we were asked to look into
of Vero Beach, Inc.
IO
DISIT. yg ot I OfT IIST
ti.*m trator _1&
P1�.'�::1�ii1^C�
Cor,; ,�j-ii ty :ev
Fin -n --e
Civic Association, has asked -khat -
an application now pending before
funds from St. Francis Manor
Inc. Towards the end of last year,
the status of St. Francis Manor
On August 30, 1982, the Secretary of State's office advised
us that St. Francis Manor had been involuntarily dissolved,
and had filed its last report of officers and directors in
1980. I attach photocopy of the computer printout of the
reported dissolution.
On inquiry, the administrator of the Charitable Solicitations
Section of the Department of State advised that that department
had no record of compliance by St. Francis Manor with the
Charitable Solicitation Act of Florida, Chapter 496. I enclose
photocopy of the applicable statute, together with the Depart-
ment's advice of non-compliance.
Our client's concern is, basically, that an applicant for
public funds should carry the burden of showing that it is
acting in compliance with the law and with the requirements
of fair play. When an organization or an individual seeks
financial assistance from the public, including our County,
responsibility for showing fiscal responsibility and soundness
should lie with the applicant. Chapter 496 of the Florida
Statutes requires, at a minimum, a statement under oath from
an officer of a charitable institution as to the organization's
fiscal condition. Before any grant of monies to a charitable
organization, the organization should be required to comply
with state law. Since payments have been made in prior years
to what appears to have been a defunct organization which has
never complied with the Charitable Solicitation Act, prudence
requires.that the Department of State be asked to exercise
its authority
the Board that
dealt with.
to examine
funds hav
ords and assure
counted for and
26
� � r
r
Chairman Bird explained that the County has been asked
to donate $999 out of the $1000 lease back to St. Francis
Manor for the meal program, It was explained that the
Commission has postponed this matter from its April 6, 1983
meeting to enable the financial staff to examine the Manor's
meals records. The Commission had been asked to approve a
donation of $999 in the form of a rent reduction to St.
Francis Manor to help pay for the residents' hot -meals
program.
Finance Director Barton explained that they had taken a
good long look at the food operation but did not get into
the day to day operations of the Manor itself. He stated
that the Manor had been more than cooperative in supplying
information and that he had sent two staff CPAs to examine
the records. As far as the food operation is concerned, we
have no problems, but have some recommendations to make it
easier for us to follow the daily operations in the future.
The recommendations are set out in the following memo:
27
bK :fAGF
1 1 •
Telephone: (305) 567-8000
April 28, 1983
BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Vero Beach, Florida 32960
To: Chairman and Members of the County Commission
From: Michael Wright, County Administrator
Gary Brandenburg, County Attorney
Jeffrey K. Barton, Finance Director
FAG e3 6 4
Suncom Telephone: (305) 424-1012
It is our recommendation to approve the disbursement of the $999.00
to St. Francis Manor reemphasizing that the following procedures
should be adopted by St. Francis Manor to be submitted annually,
to obtain additional funds in the future, if they are appropriated.
1) Separation of donations for food as separate line item
on income.
2) Use tally sheets showing day of month, number eating, and
dollars contributed by persons eating.
3) Submit copies of above sheets and copies of caterer's bill
for Fiscal year.
4) Promote activities to generate at least 25 people eating
daily in order to match the minimum meals provided.
5) Submit copies of the following:
(a)' Fiscal year balance sheet and income statement
(b) Internal Revenue Service Form 1990 annually.
Frank Zorc, Director of St. Francis Manor, addressed
the Board and explained that when Director Barton asked to
go over their books, he had pointed out that they had
changed circumstances mid -year and had gone to a guaranteed
minimum of meals from the caterers, and was not sure that
they had maintained a daily account of the food program for
the last half of the year. However, after the Administrator
had returned from vacation, he learned that a daily account
is maintained. Mr. Zorc presented those records to Director
Barton.
Discussion took place on the cost of the meals, and it
was explained that the cost to the Manor of each meal was
approximately $1.75; however, the residents paid only $1.00
per meal. Only guests pay a $2.00 charge for meals.
28
Commissioner Scurlock asked Mr. Zorc to clarify several
points in order to squelch once and for all rumors he has
heard about the Manor's operation.
Mr. Zorc stated that none of the members of the board
of directors has ever received payments from the Manor in 11
years of operations, nor has he or any member of his family
profited from the construction or operation of the Manor.
Mr. Zorc explained that St. Francis Manor is not a
charitable organization which solicits contributions and it,
therefore, is exempt from registration under Chapter 496.
They do accept donations, however. He stated the only time
they had raised funds was back in 1974 when they conducted a
community -wide drive to raise funds to build the dining
room/recreation center so that it would be mortgage free.
The City of Vero Beach was the main sponsor and donated
$10,000 in a one-time only donation. This was the only
official fund raising program they had ever conducted.
Attorney Brandenburg agreed with Attorney Vocelle's
analysis and the opinion he has written for Mr. Zorc with
respect to compliance with the Charitable Solicitation Act
Chapter 496, which stated that the Manor has not solicited
funds within the meaning of that Chapter. He informed the
Board that he conveyed this opinion to Attorney O'Haire and
asked if he would like to present any other specific
instances of solicitation within that Chapter, for us to
review, but he has had no response.
Chairman Bird asked if we were in our legal right in
returning the $999 to the Manor for the meal subsidy.
Attorney Brandenburg advised we were, in respect to the
solicitation question. The other question was why did the
organization go into an inactive status with the Secretary
of State, and Mr. Zorc has explained that at one time they
had changed accounting firms which resulted in a brief delay
in paying a $10 corporation tax and they were automatically
29
MAY 4 19 6,0
8
��� PAGE .
PIP -
MAY 41983 BOX, 3 ?A' G'
put on a list of inactive organizations. This has been
taken care of and the organization is back on the active
list.
Mr. Zorc then explained at great length the average
age, income, cash assets, and other assets of the residents
of St. Francis Manor, stressing that eligible residents have
incomes of less than $540 per month. Mr. Zorc assured the
Board that the Manor was open to all people regardless of
race, color and creed.
Attorney Brandenburg assured the Board that our
position is defensible in that the rent turnback does not
really qualify as a solicitation. St. Francis Manor is
merely asking for a reduction of their rent.
Commissioner Lyons said that in effect, we are not
giving the Manor $999, just that their rent is going to be
$1.00 a year.
Mr. Zorc asked the Commission if any individual person
had come forth with a written complaint or evidence of
improper operations at the Manor. There were none received.
Mr. Robert Reider, representing Vero Beach Civic
Association, addressed the Board and stated that although
the Association did have questions regarding the status of
the Manor and its compliance with the statues, all these
have been addressed and answered. He wished to state for
the record that the Civic Association is not anti -Manor;
they feel the St. Francis Manor concept is tremendous and
they have nothing but praise for what is being done.
Mr. Allison DeGenero addressed the Board and stated he
felt St. Francis Manor was doing a fine job, but that he
differed in the formula used, as he believed people should
help themselves. Mr. DeGenero shared his great excitement
in the success of his program "Neighbors Helping Neighbors."
30
MOTION WAS MADE by Commissioner Scurlock
SECONDED by Commissioner Lyons, that the
Board accept the recommendation of staff
and approve the reduction of the lease
payment this year in the amount of $999,
leaving one dollar to be paid for rent by
St. Francis Manor; subject to the Manor
complying with the five procedures recom-
mended by the Finance Dept. in memo dated
April 28, 1983.
Commissioner Wodtke raised a question about solici-
tation from civic clubs for the meals program, and. Mr. Zorc
reported that a $200 monthly donation earkmarked for the
meal program has been received from the St. Vincent DePaul
Society, which sponsored the beginning of the Manor. Since
then, the Society which is a charitable organization,,
has
supported the Manor in any way they can. Mr. Zorc stressed
again that the Manor does not solicit donations, but does
accept them when they are offered.
The Chairman CALLED FOR THE QUESTION.
The Motion was voted on and carried 5-0.
Mr. Zorc wished to state for the record that he felt
that the questions brought up by the Vero Beach Civic
Association could have been answered in a few minutes by a
phone call to St. Francis Manor
PUBLIC HEARING - PETITION PAVING OF PORTIONS OF 23rd AVENUE
The hour of 9:00 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
31
Y 4X9 3 Wx ra 3 7
i � � �I. � •tit ,.
Published Daily
Vero Beach, Indiar7 River County, Florida
GOLINT (OF INDIAN RIVER. STATE OF FLORIDA
Before the undersigned authority personally appeared r. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero BeachinIndian River County, Florida; that the attached copy of advertisement, being
in the matter of�ji�
in the
Court, was pub-
Sneo in said newspaper in the issues of_a._�/ j�_?
Curtner says :hat the said Verc beach Press-Journai ,s a newspaper published at
.gar;. beach, .n saic Indian River County F.orida and that the said newspaper has heretofore
eEn cont:nuously publishea i:. said Indian River Oounty, Florida, each gaily and has been
o::,terea as se_,ono class mail matter at the post office .n Vero Beach, in said Indian River Coun-
'y Florida fire a period of one year next preco0inc. ;rie :.trst publica,.nor or the attached copy of
advenisen',ent anc attiant further says tha r,e nas ne.cher paid nor promised any parson, firm
ar �-oraoranor any discount, rebate, commipsion or refund for the purpose of securing this
aavertse.:-ieni for pubiicaiion ir, the said newspaper
,Sworn tc and subscribed
SEAL
A.D. 18
32
-_53
. ,WSMu?rDri of THE' BOARD of COUNTY
COL*AsSiONERS OF INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR CERTAIN PAVING,
AND DRAINAGE IMPROVEMENTS TO 23RD AVE-
NUE. BETWEEN IST AND ATH STREETS;
PROVIDING THE TOTAL ESTIMATED COST;
METHOD OF PAYMENT OF ASSESSMENTS,
NUMBER OF ANNUAL INSTALLMENTS, AND
LEGAL DESCRIPTION OF THE AREA SPECIALLY
BENEFITED.
WHEREAS, the County Public Works Depart-
ment
epartment has received a public improvement petition,
signed by more than % of the owners of property
In the area to be specially benefited, requesting
paving and drainage improvements to 23rd Ave-
nue, between 1 at Street and 4th Street: and
WHEREAS, the petition has been, verified and
meets the requirements of Ordinance 81-27, and
design work including cost estimates has bawl
Completed by the Public works Department: and
WHEREAS, the total estimated cost of the Pro-
posed improvements is $55.486.36; and
WHEREAS, the special assessment provided
hereunder shall, for any given record owner of
property within the area specialty benefited, be In
an amount equal to that proportion of seventy-five
percent (75%) of the total Cost of the project
which the number of lineal feet of road frontage
owned by the given owner bears to the total num-
bar of lineal feet of road frontage within the area
specially benefited, and shall become due and
payable at the Office of the Tax Collector of In-
dian River County ninety (90) days aver the final
determination of the special assessment pursuant
to Ordinance 81-27; and
WHEREAS, Indian River County strait pay
remaining twenty-five percent (25%) of tlr. IoW.
cost of the project: and a.
WHEREAS, any special mit not paid
within said ninety (90) day period shall bear inter
est beyond the due date at a rate established by
the Board of County Commissioners at the time of
preparation of the final assessmient roll, and shall
be payable.in two.i2�Yquat3nsla0meals.ltse�timl
to be made twelve (12) months from the due to
and the second to be made twenty-four (24)
months from the due data. and
WHEREAS, after examination of the nature and
anticipated usage of the proposed Improvements.
the Board of County Commissioners lois deter-
mined that the following described properties
shall receive direct and speaal benefit from theses
improvements, to wit:
Lots 17 through 32 Block C: Lots 1 through 16
Block D; as shown on the Plat of Indian River
Heights Unit 2 Subdivision an record in Plat Book,
6 Page 25 of Public Records of Indian River'
County, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE
BOARD OF COUNTY COMMISSIONERS OF IN-
DIAN RIVER COUNTY. FLORIDA, as foUtlws:
1. The foregoing recitals are affirmed and rati-
fied in their entirety. I
2. A project providing ler paving and drainage,
improvements to 23rd Avenue, between 1st Street.
and 4th Street, heretofore designated as Public
Works Project No. 8232, is hereby sproved sub-
lect to the terms outlined above and all applicable
irequirements of Ordinnce 81-27.
i The foregoing resolution was offered by Com-
tmissioner who moved its adoption.
,The motion was seconded by Commissioner —
i and, upon being put to a vote. the vote
was as follows:
iChairman Richard N. Bird
Nice -Chairman Don C. Scurlock Jr.
(Commissioner Margaret C. Bowman
%Commissioner Patnck B. Lyons
(Commissioner William C. Wodtke Jr.
( The Chairman thereupon declared bre resolu-
Ition duly passed and adopted this
day of 1983.
1 Board of County Gemmissiorrers
r of Indian Rive► , Florida
By: Richard N. Bird
Chairman
AttestFreda Wright. Clerk
Approved as to form
Pand legal sufficiency
4By: Christopher J. Paull
aAssistant County Affomey
r
The Board reviewed the following memo dated 4/25/83:
TO: The Honorable Members of the DATE: April 25, 1983 FILE:
Board of County Commissioners
THRU: Michael Wright,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
DESCRIP'T'ION AND cm.TTTON
SUBJECT: Public Hearing to consider Resolution
Providing for the Paving of Portions of
`'i 23rd Avenue, 14th Avenue, 38th Avenue,
16th Place and lst Place;to consider
Preliminary Assessment Rolls , ,
REFERENCES:
Valid petitions have been received from at least 66.7% of the property owners
of the following streets
1) 23rd Avenue between 1st Street and 4th Street (Preliminary cost ($55,486.36)
67% Property Owners.
2) 14th Avenue between 12th and 14th Streets. (Preliminary Cost $27,782.66)
76% Property Owners.
3) 38th Avenue between 2nd and 6th Streets (Preliminary Cost $19,279.64)
68% Property Owners,
4) 16th Place west of 6th Avenue (Dead End) (Preliminary st $14,797.92)
78% Property Owners.
5) 1st Place between 15th & 20th Avenues (Preliminary Cost $30,569.70)
78% Property Owners.
Preliminary assessment rolls have been prepared for the paving and drainage
improvements. The total costs of all projects is approximately $147,916.28.
There is approximately $147,724.93 now set aside in FY 82-83 budget for Petition
Paving Account No. 703-724.93.
Also, advertisement of the Public Hearing and notification to the Property Owners
have been performed.
After consideration of the public input provided at the Public Hearing, it is
recommended that motions be made to:
1) Adopt resolution, providing for the paving and drainage improvements
for each petition paving project, subject to the terms outlined in
the Resolutions.
2) Approve preliminary assessment rolls including any changes made as
a result of the Public Hearing.
3) Allocate $147,916.28 from the Petition Paving account to fund this
work. Work will be performed when pending assessments are collected
as necessary.
4) The Road and Bridge Department be notified to begin construction, pending
availability of funds.
33
MAY 41983 w.. 53 PAGE -369
MAY 41983 ao 3 ru
Public Works Director Jim Davis explained that he and
staff had met with the property owners of the five streets
listed in these chambers to explain the road improvements
and the procedures of petition paving. He reported that 67%
of the property owners of the 23rd Avenue project had signed
the petition to pave and that the preliminary cost of the
project is $55,486.36.
Chairman Bird opened the Public Hearing and asked if
anyone present wished to be heard. There were none.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Bowman, the
Board unanimously closed the Public
Hearing.
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Lyons, to adopt
Resolution 83-32, providing paving and
drainage improvements to 23rd Avenue,
between 1st and 4th Streets.
Commissioner Wodtke expressed concern whether all
property owners had been contacted, because 67% of the
property owners is very close to the required 66.6%. Mr.
Davis stated that every owner had been notified by letter 16
days in advance and we have received no comments or response
from those property owners not signing the petition.
Michael Thomas, 136 23rd Avenue, addressed the Board
and explained he was involved in gathering the petition
signatures and that they stopped when they had 66.7% signa-
tures because they were having trouble locating out-of-town
owners and did not feel they needed to gather further
signatures.
34
Commissioner Wodtke stated that in the future, he
would like to see a higher response on the petition as he
felt with only 67% response, it looks as if 30% might be
against it.
Commissioner Scurlock was in favor of requiring a lower
percentage, perhaps just a simple majority, and having a
more aggressive program.
Mr. Thomas said he understood that the purpose of this
public meeting was to afford property owners the opportunity
to voice their disapproval.
The Chairman CALLED FOR THE QUESTION
to adopt Resolution 83-32. It was voted
on and carried unanimously.
RESOLUTION NO. 83- 32
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR
CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO
23RD AVENUE, BETWEEN 1ST AND 4TH STREETS;
PROVIDING THE TOTAL ESTIMATED COST, METHOD OF
PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL
INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA
SPECIALLY BENEFITED.
WHEREAS, the County Public Works Department has received
35
MAY 41983 sit 5.3
r MAY 41983
BOOK PAGE 72
a public improvement petition, signed by more than 2/3 of the
owners of property in the area to.be specially benefited, request-
ing paving and drainage improvements to 23rd Avenue, between Ist
Street and 4th Street; and
WHEREAS, the petition has been verified and meets the
requirements of Ordinance 81-27, and design work including cost
estimates has been completed by the Public Works Department; and
WHEREAS, the total estimated cost of the proposed
improvements is $55,486.36; and
WHEREAS, the special assessment provided hereunder
shall, for any given record owner of property within the area
specially benefited, be in an amount equal to that proportion of
seventyfive percent (75%) of the total.cost of the project which
the number of lineal feet of road frontage owned by the given
owner bears to the total number of lineal feet of road frontage
within the area specially benefited, and shall become due and
payable at the Office of the Tax Collector of Indian River County
ninety (90) days after the final determination of the special
assessment pursuant to Ordinance 81-27; and
WHEREAS, Indian River County shall pay the remaining
twenty-five percent (25%) of the total cost of the project; and
WHEREAS, any special assessment not paid within said
ninety (90) day period shall bear interest beyond the due date at
a rate established by the Board of County Commissioners at the
time of preparation of the final assessment roll, and shall be
payable in two (2) equal installments, the first to be made twelve
(12) months from the due date and the second to be made twenty-
four (24) months from the due date; and
WHEREAS, after examination of the nature and anticipated
M
r--
usage of the proposed improvements, the Board of County
Commissioners has determined that the following described proper-
ties shall receive a direct and special benefit from these
improvements, to wit:.
Lots 17 through 32 Block C; Lots 1 through 16 Block D; as
shown on the Plat of Indian River Heights Unit 2 Subdivision
on record in Plat Book 6 Page 25 of Public Records of Indian
River County, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. 'The foregoing recitals are affirmed and ratified in
their entirety.
2. A project providing for paving and drainage improve-
ments to 23rd Avenue, between 1st Street and 4th Street, hereto-
fore designated as Public Works Project No. 8232, is hereby
approved subject to the terms outlined above and all applicable
requirements of Ordinance 81-27.
The foregoing resolution was offered by Commissioner
Scurlock who moved its adoption. The motion was seconded
by Commissioner Lyons and, upon being put to a vote, the
vote was as follows:
Chairman Richard N. Bird Aye
Vice -Chairman Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman Aye
Commissioner Patrick B. Lyons Aye
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 4th
Attest:
FREDA WRIGHT, Clerk
day of May , 1983.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By
RICHARD N. BIRD
Cha i rman
APPROV S T FORM D
LEGA FI'
'SC
By
CIRI HER6t. PAULL, Assistant County Attorney
37
MAY 4 1983 BOOK 53 ?A4073
BOOK' 53 P4cF 7
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the
Board unanimously accepted the
preliminary assessment roll for a total
cost of $55,486.36 for the paving of
23rd Ave. between 1st and 4th Streets.
(Said Assessment Roll is on file in the Office of the Clerk)
PUBLIC HEARING - PETITION PAVING OF PORTIONS OF 14th AVENUE
The hour of 9:00 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication,
to wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a_��ll�
in the matter of
l
in the Court, was pub-
lished in said newspaper in the issues of
I
Affiant furthi! says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before me
(SEAL)
day of A.D. 19
Manager)
ian River County, Florida)
W
i PLEASE TAKE NOTICE that to Board of
County Commissioners of Indian Rive Couttty�
Florida, will hold a public hearing at 9:00 A.M. on
Wednesday, May 4, 1963. In the Commission
Chambers located at 1840 25th Street, Vero
Beach, Florida, to consider adoption of the to1-
,lowing proposed resolution:
RESOLUTION NO. 83-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR CERTAIN PAVING
AND DRAINAGE IMPROVEMENTS TO 14TH AVE-:
NUE, BETWEEN 12TH AND 14TH STREETS;
PROVIDING THE TOTAL ESTIMATED COST,
METHOD OF PAYMENT OF ASSESSMENTS,
NUMBER OF ANNUAL INSTALLMENTS, AND
LEGAL DESCRIPTION OF THE AREA SPECIALLY
BENEFITED.
WHEREAS, the County Public Works Deperl";;j.-
ment has received a public Improvement pefifion;-:_. "
signed by more than % of the owners of property
din the area to be specially benefited, requesting
paving and drainage improvements to 14th Ave-
nue, between 12th Street and 14th Street; and
WHEREAS, the petition has been verified and
meets the requirements of Ordinance 81-27, and
design work including cost estimates has been
completed by the Public Works Department; and
WHEREAS, the total estimated cost of the pro-
posed Improvements is $27,782.88; and
WHEREAS, the special assessment prodded
hereunder shall, for any given record owner of
property within The area specially benefited, be In
an amount equal to that proportion of seventy-five
percent (75%) of the total Cost of the project
which the number of lineal feet of road frontage
owned by the given owner bears to the total num-
ber of lineal feet of road frontage within the area
specially benefited, and shall become due and
payable at the Office of the Tax Collector of In-
dian
Mdian River County ninety (90) days after the final
determination of the special assessment pursuant
to Ordinnce 81-27; and
WHEREAS, Indian River County shall pay the
remaining twenty4ive percent (25%) of the total
cost of the project; and
WHEREAS, any special .assessment not paid
within said ninety (90) day period shall bear Inter
ast beyond the due date at a rate established by
the Board of County Commissioners at the time at,
preparation of the final assessrtmnt roll, and shall
be payable in two (2) equal Installments, the first
to to made twelve (12) months from the due date
land the second to be.made 1weatyAcur_.(24)
(months from the due date; and
WHEREAS, after examination of the nature and
anticipated usage of the proposed improvements,
ithe Board of County Commissioners has deter-
mined that the following described properties
shall receive a direct and special benefit from
these improvements, to wit:
Lots t through 19, Block One; as shown on the
Plat of Rivenbark Subdivision on record in Plat
Book 3, Page 28 of Public Records of Indian River
County, Florida.
Lots 1 through 8, Block A; as shorn on the Plat
of Rivenbark Subdivision Unit 2, on record In Plat
Book 7, Page 42 of Public Records of Ind tan River "
Opunty. Florida. ,• -sS+h s, ..+a
'at�iInning 35 feet North of Southeast cb.
�� thaast V, of 0 feet ru
n Run NoAh 90 feet tun West
12 run South 90 feet, run East 125 feet to'
nireg. All being in -Section 11. Town -
P"33 3South. Range 39 East:::,?�''c'
Commence at Southeast eOTrW of Southwest'.
/.
Of Southeast Y. OfCq run West Parallel to Sthenceouth;
r"125
erun
ary II a of Said Soud'�yof Northeast'/.,
etto Point of Beginning run North 90.89feet
West 125 feet run South 90.19being in Sacfeet run t�;eet to Point of Beg ning•1. Township 33 South,Range 39 East.ginning 215.89 tof Soot st'of hoofheast COr,
Northeastf Southwest 35 feet West forPoint of Beginning the^cearallel to East boundary line of South -I
North P t % of Northeast V. 100 feet;
weal /. of Southeast line Oi
ren West parallel to . South boundary
125
feet un S Y. of a Southeast
to East Boundary line '
teat run South pa
Southwest '/. of Southeast '/. of Northe�i 91�I
feet run East 125 feet to Point of Beg
being in Section 22, Township 33 South. Range:
39 East
North 115.89 feet of South 431.78 feet of East
180 feet of Southwest'/. of Southeast'A of North-
east +/. less East 35 feet as in Record Book 30:
Page 410 in Official RecordsBook
450,
5 ,hip3P ge6
64.
All being in Section 11.
ft
Range 39 East. of Southwest Beginningat Northeast corner _
Of Southeast .'/. _of NortheWar A'f+t to Par► l
West 125 feet run South 0 degrees 29'43" west
230 feet run South a9 degrees 18'14". 9 being in.
Section 11, Township 33 South. Range 3""
9 East.
'
NOWTHEREFORE, BE IT RESOLVED BY THE
.BOARD OF COUNTY COMMISSIOENRS OF IN-
DIAN RIVER COUNTY, FLORIDA, as folI Mrs: ' • -.,
.1: The foregoing recitals are affirmed end ;[afi- j
fieri in their entirety.
2. A project providing for Fsving and drainage
improvements to 141h Avenue. between 12th
Street and 14th Street heretofore designated as
Public Works Project No. 8309. is hereby ap-
proved subject to the terms outlined above and
all applicable requirements of Ordinance 81-27. -.
The foregoing resolution was offered by Com-.
rrd6slcnsr _ who moved its adoption.
The motion was seconded
Puy Coma ,then vote
and, upon being
visa as follows: -. -
Chairman Richard N. Bird
Vice -Chairman Don C. Scurlock Jr. i
Commissioner Margaret C. Bowman
Commissioner Patrick S. Lyons �::
Commissioner William C. Wodfke M1e rlu-s
The Chairman t adPo^�d
this
tion duly passed and
day of Board of Cour►ty Commissiarrers
of Indian River County. Florida ?
By -Richard N. Bird
Chairman yj
Attest Freda Wright. Clerk
Approved as to form
and legal sufficrency
BY: Christopher J. Paull
/le "tantcounter Adorn"
Public Works Director Davis reported that 76% of the
property owners responded favorably in the petition paving
project and preliminary costs are $27,-782.66.
Chairman Bird opened the Public Hearing and asked if
anyone present wished to be heard. There were none.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Bowman, the
Board unanimously closed the Public
Hearing.
L- MAY 4 1989-1
39
a- 53 Pec .
r MAY 41983
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Lyons, that the
Board unanimously adopt Resolution 83-33,
providing for certain paving and drainage
improvements to 14th Avenue, between 12th
and 14th Streets.
In discussion, Public Works Director Davis reported
that the petition had been signed by -15 property owners and
read the names aloud. He said that every property owner was
notified by registered mail and it was advertised in the
newspaper 15 days prior to this hearing.
The Chairman CALLED FOR -THE QUESTION.
The Motion was voted on and carried 5-0.
40
RESOLUTION NO. 83- 33
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR
CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO
14TH AVENUE, BETWEEN 12TH AND 14TH STREETS;
PROVIDING THE TOTAL ESTIMATED COST, METHOD OF
PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL
INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA
SPECIALLY BENEFITED.
WHEREAS, the County Public Works -Department has received
a public improvement petition, signed by more than 2/3 of the
owners of property in the area to be specially benefited, request-
ing paving and drainage improvements to 14th Avenue, between 12th
Street and 14th Street; and
WHEREAS, the petition has been verified and meets the
requirements of Ordinance 81-27, and design work including cost
estimates has been completed by the Public Works Department; and
WHEREAS, the total estimated cost of the proposed
improvements is $27,782.66; and
WHEREAS, the special assessment provided hereunder
shall, for any given record owner of property within the area
specially benefited, be in an amount equal to that proportion of
seventyfive percent (75%) of the total cost of the project which
the number of lineal feet of road frontage owned by the given
owner bears to the total number of lineal feet of road frontage
within the area specially benefited, and shall become due and
payable at the Office of the Tax Collector of Indian River County
ninety (90) days after the final determination of the special
assessment pursuant to Ordinance 81-27; and
WHEREAS, Indian River County shall pay the remaining
twenty-five percent (25%) of the total cast of the project; and
WHEREAS, any special assessment not paid within said
ninety (90) day period shall bear interest beyond the due date at
a rate established by the Board of County Commissioners at the
time of preparation of the final assessment roll, and shall be
payable in two (2) equal installments, the first to be made twelve
(12) months from the due date and the second to be made twenty-
four (24) months from the due date; and
WHEREAS, after examination of the nature and anticipated
MAY 4 1983 41 ao�(. '53. PAR3
r1 1. . 53 pA,,3'71
MAY 41983
usage of the proposed improvements, the Board of County
Commissioners has determined that the following described proper-
ties shall receive a direct and special benefit from these
improvements, to wit:
Lots 1 through 19, Block One; as shown on the Plat of
Rivenbark Subdivision on record in Plat Book 3 Page 28
of Public Records of Indian River County, Florida.
Lots 1 through 6, Block A; as shown on the Plat of
Rivenbark Subdivision Unit 2, on record in Plat Book 7
Page 42 of Public Records of Indian River County,
Florida.
Beginning 35 feet North of Southeast corner of Southwest
1/4 of Southeast 1/4 of Northeast 1/4 for Point of
Beginning, Run North 90 feet, run West 125 feet, run
South 90 feet, run East 125 feet to Point of Beginning.
All being in Section 11, Township 33 South, Range 39
East.
Commence at Southeast corner of Southwest 1/4 of
Southeast 1/4 of Northeast 1/4 + thence run North 125
feet, thence run West Parallel to South boundary line of
said Southeast 1/4 of Northeast 1/4 35 feet to Point of
Beginning run North 90.89 feet run West 125 feet run
South 90.89 feet run East 125 feet to Point of
Beginning. All being in Section 11, Township 33 South,
Range 39 East.
Beginning 215.89 feet North of Southeast corner of
Southwest 1/4 of Southeast 1/4 of Northeast 1/4 + 35
feet West for Point of Beginning thence run North
parallel to East boundary line of Southwest 1/4 of
Southeast 1/4 of Northeast 1/4 100 feet run West
parallel to South boundary line of Southwest 1/4 of
Southeast 1/4 of Northeast 1/4, 125 feet run South
parallel to East Boundary line of of Southwest 1/4 of
Southeast 1/4 of Northeast 1/4 100 feet run East 125
feet to Point of Beginning. All being in Section 22,
Township 33 South, Range 39 East.
North 115.89 feet of South 431.78 feet of East 160 feet
of Southwest 1/4 of Southeast 1/4 of Northeast 1/4 less
East 35 feet as in Record Book 30, Page 410 in Official
Records Book 450 Page 664. All being in Section 11,,
Township 33 South, Range 39 East.
Beginning at Northeast corner of Southwest 1/4 of
Southeast 1/4 of Northeast 1/4 + thence run North
89°18114" West 3 feet to Point of Beginning, thence run
North 89°18114" West 125 feet run South 0°29143" West
230 feet run South 89018114". All being in Section 11,
Township 33 South, Range 39 East.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratified in
their entirety.
2. A project providing for paving and drainage
42
improvements to 14th Avenue, between 12th Street and 14th Street,
heretofore designated as Public Works Project No. 8309, is hereby
approved subject to the terms outlined above and all applicable
requirements of Ordinance 81-27.
The foregoing resolution was offered by Commissioner
Scurlock who moved its adoption. The motion was seconded
by Commissioner Lyons ' and, upon being put to a vote, the
vote was as follows:
Chairman Richard N. Bird Aye
Vice -Chairman Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman Aye
Commissioner Patrick B. Lyons Aye
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 4th day of May , 1983.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY
RICHARD N. BIRD
Chairman
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons,, the Board
approved preliminary assessment roll in the
amount of $27,782.66 for paving 14th Ave.
between 12th & 14th Streets.
(Said Assessment Roll is on file in the Office of the Clerk)
PUBLIC HEARING - PETITION PAVING OF PORTIONS OF 38th AVENUE
The hour of 9:00 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication,
to wit:
43
MAY 4 1983 53 PACE 117 9
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersignea authority peri;onally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Flond,a; that the attached copy of advertisement, being
in the matter of_.
10,
n the
._ _.. Court, was pub-
,ished ir, said newspaper .n the issues of.'Oe . _z /i
4ffiar., furthet says that the said Vero Beach Press-Journa. is a newspaper published at
+ler:. Beacr ,n saia Indian Rive, County, Flo,nda, and that the said newspaper has heretofore
gee- ::can :uousiy pubiisheo it saia Indian River County. Florida, each daily and has been
en.:e:ac as second crass mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, =wrca. for a penoo of one year next preceding the first publication of the attached copy of
advert sernenz. anc affiant further -Says that h,.e has neither pain nor promised any person, firm
or corporation any discount, rebate, commigision or refund for the purpose of securing this
advertisement for pubihcation in the said newspaper.
Sworn to and subscribed befo(ti me t
;SEAL.;
day of e , '_ A.D. 19
Manager)
River County, Florida)
PACS a
RESOLUTION NO. 83-
(A RESOLUTION OF THE BOARD OF COUNTY
sCOMMISSIONERS OF INDIAN RIVER COUNTY,
JFLORIDA, PROVIDING FOR CERTAIN PAVING
ii AND DRAINAGE IMPROVEMENTS TO 38TH AVE-
)NUE, BETWEEN 4TH AND 6TH STREETS;
PROVIDING THE TOTAL ESTIMATED COST,
METHOD OF PAYMENTS OF ASSESSMENTS,
NUMBER OF ANNUAL INSTALLMENTS, AND
I LEGAL DESCRIPTION OF THE AREA SPECIALLY
BENEFITED.
7, WHEREAS, the County Public Works Depart-
Lment has received a public improvement petition,
I signed by more than % of the owners of property
I. in the area to be specialty benefited. requesting
i paving and drainage improvements to 38th Ave-
nue, between 4th Street and 6th Street; and
i. WHEREAS, the petition has been verified and
r meets the requirements of Ordinance 81-27, and
i design work including cost estimates has been
Icompleted by the Public Works Department; and
WHEREAS, the total estimated cost of the pro-
posed improvements is $19,279.64; and -
WHEREAS, the special assessment provided
hereunder shall, for any given record owner of
property within the area specially benefited, be In
an amount equal to that proportion of seventy -,five
percent (75%) of the total test of the project
which the number of lineal feet of road frontage
owned by the given owner bears to the total num-
ber of lineal feet of road frontage within the area
specially benefited, and shall become due and
payable at the Office of the Tax Collector of In-
dian River County ninety (90) days atter the final:
determination of the special assessment pursuant.]
to Ordinance 81-27- and
WHEREAS, Indian River County shall pay they
.remaining twenty-five percent (25%) of the total,
cost of the project; and
WHEREAS, any special not paid
within said ninety (90) day period sha11 bear inter-
est beyond the due date at a rate established by
the Board of County Commissioners at the time of
preparation of the final assessment rail, and shall
ibe payable in two (2) equal Installments, the first
to be made twelve (12) mordhs from the due date
and the second to be made twenty-four (24)
months from the due date; and
WHEREAS, after examination of the nature and
anticipated usage of the proposed improvements,
the Board of County Commissioners has deter-
mined that the following described properties
shall receive a direct and special benefit from
these improvements, to wit:
Lots 1 through 11, Block A; Lots 1 and 3
through 12, Block 8; Lots 1 and 3 through 12,
Block C; Lots 1 through 11 Block D; as shown on
the Plat of Clemann Estates Unit 1 Subdivision on
record in Plat Book 3 Page 63 of the Public_
Records of Indian River County, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE
BOARD OF COUNTY COMMISSIONERS OF IN-
DIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and rati-
fied in their entirety. and d►ahhaga
2. A project providing for paving
Improvements to 38th Avenue, between 4th Street
and 6th Street, heretofore designated as Public
Works Project No. 8307, is hereby approved sub-
ject to the terms outlined above and an applicable
requirements of Ordinance 81-27.
The foregoing resolution was offered by Com-
missioner and, upon being put to a
vote, the vote was as follows:
Chairman Richard N. Bird
Vice -Chairman Don C. Scurlock Jr.
Commissioner Margaret C. Bowman
Comissioner Patrick B. Lyons
Comissioner William C. Wodtke Jr.
The Chairman thereupon declared the resolu-
tion duly passed and adopted this
day of ,1983.
Board of County Cormni9sionero
of Indian River County. Florida
By: Richard N. Bird
Chairman
Attest: Freda Wright, Clerk
Approved as to form
and legal sufficiency
By: Christopher J. Pauli
Assistant County Attorney
Public Works Director Davis reported that 680 of the
property owners responded favorably to the petition paving
project at a cost of $19,279.64.
Chairman Bird opened the Public Hearing and asked if
anyone present wished to be heard. There were none.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously closed the Public Hearing.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously adopted Resolution 83-34
providing for certain paving and drainage
improvements to 38th Avenue, between 4th &
6th Streets.
RESOLUTION NO. 83- 34
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR
CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO
38TH AVENUE, BETWEEN 4TH _AND 6TH STREETS;
PROVIDING THE TOTAL ESTIMATED COST, METHOD OF
PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL
INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA
SPECIALLY BENEFITED.
WHEREAS, the County Public Works Department has received
a public improvement petition, signed by more than 2/3 of the
owners of property in the area to be specially benefited, request-
ing paving and drainage improvements to.38th Avenue, between 4th
Street and 6th Street; and
WHEREAS, the petition has been verified and meets the
requirements of Ordinance 81-27, and design work including cost
estimates has been completed by the Public Works Department; and
WHEREAS, the total estimated cost of the proposed
improvements is $19,279.64; and -
WHEREAS, the special assessment provided hereunder
shall, for any given record owner of property within the area
I
45
8�1(
MAY 4 193 , 53 rAcE ��'j
MAY 4 1993 BK UL
rt p
53 PA ,
specially benefited, be in an amount equal to that proportion of
seventyfive percent (75%) of the total cost of the project which
the number of lineal feet of road frontage owned by the given
owner bears to the total number of lineal feet of road frontage
within the area specially benefited, and shall become due and
payable at the Office of the Tax Collector of Indian River County
ninety (90) days after the final determination of the special
assessment pursuant to Ordinance 81-27; and
WHEREAS, Indian River County shall pay the remaining
twenty-five percent (25%) of the total cost of the project; and
WHEREAS, any special assessment not paid within said
ninety (90) day period shall bear interest beyond the due date at
a rate established by the Board of County Commissioners at the
time of preparation of the final assessment roll, and shall be
payable in two (2) equal installments, the first to be made twelve
(12) months from the due date and the second to be made twenty-
four (24) months from the due date; and
WHEREAS, after examination of the nature and anticipated
usage of the proposed improvements, the Board of County
Commissioners has determined that the following described proper-
ties shall receive a direct and special benefit from these
improvements, to wit:
Lots 1 through 11, Block A; Lots 1 and 3 through 12,
Block B; Lots 1 and 3 through 12, Block C; Lots l
through 11 Block D; as shown on the Plat of Clemann
Estates Unit 1. Subdivision on record in Plat Book 3 Page
63 of the Public Records of Indian River County,
Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratified in
their entirety.
2. A project providing for paving and drainage improve-
ments to 38th Avenue, between 4th Street and 6th Street, hereto-
fore designated as Public Works Project No. 8307, is hereby
approved subject to the terms outlined above and all applicable
requirements of Ordinance 81-27.
46
Scurlock
r
The foregoing resolution was offered by Commissioner
who moved its adoption. The motion was seconded
by Commissioner Lyons and, upon being put to a vote, the
vote was as follows:
Chairman Richard N. Bird Aye
Vice -Chairman Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman Aye
Commissioner Patrick B. Lyons Aye
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 4th day of May , 1983.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By wZL:�,
RICHARD N. BIRD
Chairman
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously approved preliminary assessment
roll in the amount of $19,279.64 to pave
38th Ave. between 4th & 6th Streets.
(Said Assessment Roll is on file in the Office of the Clerk)
PUBLIC HEARING - PETITION PAVING OF PORTION OF 16th PLACE
The hour of 9:00 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication,
to wit:
47
DB4K 53 PAGE 383
MAY 4 ,'
41
Published Daily
Vero Beach, Indian, River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appearea i. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero BeachinIndian River County, Florid,a; that the attached copy of advertisement, being
In the matter of •l'!���/� �F�nilrP�
In the
Court, was pub -
17
lished in said newspaper In the issues ot_%z %///T_ -
Affiant further says that the said Vero Teach Press -Journal Is a newspaper published at
Ve..) Beach, in said inatan River County, Florida, and that the said newspaper has heretofore
oeen continuously pubilsned in said Indian River County, Fiorida, each daily and has been
enic-eo as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty Fio:ida 'or a period of one year next precE-ding the first publication of the attached copy of
advertisement; and affiant further says that Oe has neither paid nor promised any person, firm
corporation any discount, rebate commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworr to and subscribed beforre me
,'SEAL,
day of Z;6,' A.D. 19
Manager)
rciJil Court,;'nclan River County, Florida)
Land in Dr. Richard E SUDWQton's Subdivislsn►,
Plat Book (St. Lucie County) 2 Page 5; tieing tt
West 75 fast of following described land; CZ
mens at Southeast comer of West % of Lot 6
thence run North 150 feet to Point of Beginning
;run North 175 feet, run West 150 feet, run South
175 feet, run East 150 feet to Point of Beginning
; less North 20 feet for road right-of-way as In Offl-
; cial Record Book 73 Page 226 Block 2.
1 NOW, THEREFORE, BE IT RESOLVED BY THE
1 BOARD OF COUNTY COMMISSIONERS OF IN.
IDIAN RIVER COUNTY; FLORIDA. as follows:---- -
1. The foregoing recitals are affirmed and ratl-
M d'in their entirety.
1 2. A project providing for paving and drainage
improvements to 16th Piece, West of 6th Avenue,
heretofore. designated as Public Works Project
No. 8308, is hereby approved subject W the terms
outlined above and all applicable requirements of
Ordinance 81-27.
The foregoing resolution was offered by Com-
missioner who moved its adoptkm.
The motion was seconded by Commissioner -
-- and, upon being put to a vote, the vote was
as follows:
Chairman Richard N. Bird
Vice -Chairman Don C. Scurlock Jr.
Commissioner Margaret C. Bowman
Commissioner Favick b. Lyons
Commissioner William C. Wodtke Jr.
The Chairman thereupon declared the resotu
tion duly passed and adopted this
day of ,1983.
Board of County Commissioners
of Indian River County, Florida ._._
By- Richard N. Bird
Chairman
Attest Freda Wright, Clerk
Approved as to form
and legal sufficiency
By: Christopher J. Pauli
Assistant County Attorney
PLEASE TAKE FURTHER NOTICE that at the
same public hearing, the Board of County Com-
missioners shall also hear all Interested persons
regarding the proposed assessments contained
In the preliminary assessment roll for the Improve-
ments described in the above resolution. The pre-
liminary assessment ran is currently on fife with
the Public Works Department and opah for In-
spection between the hours of 8:30 A.M. and 5:00
P.M., Monday'through Friday.
If a person decides to appeal any decision
made by the commission with respect to any mat-
ter considered at this hearing, he will need a
record of the proceedings; and that, for such pur-
pose, he may need to ensure that a verbatim
record of the proceedings Is made, which record
includes that testinronyand evidence upon which
;the appeal is to be based. , _E . ..
Indian River County
Michael Wrightrig
County Administrator
Apr. 17, 1983.
48
N A RESOLUTION OF �BOARD OF COUNTY
R: COMMISSIONERS OF UVDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR CERTAIN PAVING
AND DRAINAGE IMPROVEMENTS TO 16TH
PROVIDING STHEF TOTAL ESTfMATPLACE, 6TH AVENUE�ED COSENDT,
METHOD OF PAYMENT OF ASSESSMENTS,
LEGAL DESCRIPTION OF THE UMBER OF ANNUAL �Ctax
BENEFITED.
WHEREAS, the County Public Works Dart-
meet has received a public lmprovamam peftbon,
signed by more than % of the owners of,props►ty
in the area to be specially, benefited, requesting
paving and drainage improvements to 16th Piace.
West of stn Avenue; and
WHEREAS. the petition has been verified and
meets the requirements of Ordinance 81-27, and
design work including cost estimates has been
completed by the Public Works Departmentend
WHEREAS, the total estimated cost of the prtH
posed improvements is $14,787.92; and
WHEREAS, the special assessment provided
hereunder shall, for any given record owner of
Property within the area spodally benefited, be in
an amount equal to that proportion of sever"""
percent' (75%) of the total Coat of the project
whLlh the number.of lineal feet of road hmita(pe
owned by the given owner bears to the Iota! fun.
bar of lineal fest of road frontage within uta arse
Specialty benefited, and shall become due land
payable at the Office of the Tax Collector of In-
dian River County ninety (90) days after the final
determination of the special assessment pursuant
to Ordinance 81-27; and
WHEREAS, Indian River County A" pay the
'remaining twenty-five percent (25%) of the total
cost of the project: and r,
( WHEREAS, an .+�.r'r*; .. psi
within said ninetyy s) day ted
,rest beyond the due date at � by
the Board of County Commissioners at tit firms o
j-Prepa►atktn of the ttnal,assesernent nog. and shorn
tie payable In two (2),,#auaF Installments, the first
,to be made twelve (12fftXtth9 from the due date
rid the second to be made twenty-four (24)
months from the due date; and
WHERI:01 after examination at ON stature
`anticipated usage of the proposed intprovar erft,
the Board of County COMMI11siorure hm,dow
mined that the following described pmpwtm
1shall receive a direct and sps", benefit trodr
these improvements, an situate In: yWlan -Rives
County, Florida, to wit
Land In Dr. Richard E. Butitro ny Subdlvi-
sun. Plat Book (St Lucie County) 2 Page 5:1101119
the East 75 test of following descOW sand, com-
mence at Southeast comer of West % of ot'6,
thence run North 150 feet to Point of B"ILot-p;
run North 175 feet, Tun Went 150 test, run South
175 feet, run East 15o feet to Point of Begirming;
Mess North 20 fast for road right-cf-way as in Ofe-
cial Record Book 73, Page 226, (Block 2).
.Land In Dr. Richard E. Buringiat'a SubWvf-
sion, Plat Book (SL Lucie County) 2 Page S. being
6 the South ya of East ys of Lot 6, less Wit 100 Gspt
thereof, less road right-of-way.
The North half of the East half of L044 of Block
2 of Dr. Richard E. Bunington's Subdivision,
which plat was tiled May 25, 1912. arrtrecorded
In Plat Book 2, page 5, public recordn`of'St. Lucie
County, Florida-, said land now lying and." in
l Indian River County, Florida.
way over the North 50 feet of the
Property conveyed to the City of Vero Beach forr
street except street right -W -way as in
Record Book 73, page 218, Public Records of In
dianRr"r County, _ _ ' as in Official ROoord
Book 434 Page 67
Land In Dr. Rhchatd E.-Sullin9 ts'Subdtw-
sion, Plat Book (SL Lucia County) 2 Page 5; being
a part of West % of Lot 6; being a lot 105.72 feet
iEast & West by 140 feet North & South as in
Record Bcok 8 Page 286; less road right-ot-way
as in Otficlal Record Book 73. Page 218 (Block 2).
,1Land In Dr. Richard E. Bullktgton's Subdhri-
I sun, Plat Book (St. Ludo County) 2 Page 5; being
I a part of West 14 of Lot 6, being a lot 149.75 feet
East & Wast by 165 fest North & South as in Deed
1 Book 104 Page 89; less road right-of-way as in
1Official Record Book 73, Page 226 less East 75
rfeet of Block 2.
Land in Dr. Richard E. Sutlbgptol's Subdhd- ;
.i Sion, Plat Book (St. Lucie County) 2 Page 5; P
of Lot 6, Being a lot 81 IM East & West by 1
feet North & South as In Official Record Book 72,
Page 155 and Official Record Book 241, Page 1
(Block 2). .
Land in Dr. Richard E.orb's Su
i sion, Plat Book (St. Lute CounPage 5; bein
a lot in Northwest comer of West % of Lot S, 1
I, feet East by 308 feet North & South as In
i Book 95, Page 124 and Deed Book 105. Peg
181; less road right-of-way as In Otfidal
I Book 73, Page 226; less parcel as in. Offiefa.
I Record Book 354. Page 369 (Stock 2).
Land in Dr. Richard E. Buffington%
I sison. Plat Book (SL Lucie County) 2 Page 5; being
j I a lot 75 test East & West by 175 feet North &
:South. in West 14 of Lot 6 as In Dead Hook 105
I Page 355 leas road rtght-ot-way as in OHYtfia
iRecord Book 73, Page 229 (elocit 2); as In
I Record Book 486 Page 876.
Public Works Director Davis reported that he had
received two letters dated 5/3/83 from 16th Place property
owners, asking that their names, Paul Clinker and Charles
Engle, be removed from the petition. This resulted in only
55.6% of the people on the block (5 out of 9) signing the
petition for paving; frontage percentage being 49.50.
A letter was also received from Donald & Betty Reams
stating their opposition to the paving and asking that their
names be removed from the petition, resulting in the per-
centage dropping to 500.
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Scurlock, that
the Board postpone the hearing on the
paving of 16th Place until such time as
67% of the property owners have signed
the petition.
Discussion was held on why some property owners had
changed their minds, and it was determined there is a
problem in that area with drainage due to the presence of
limerock on the surface. There has been poor drainage in
the Rock Ridge area for a number of years.
Director Davis reported that we had indicated that we
would drain the road to 6th Avenue. That is the only way
the drainage can go in the area. There were some promises
made to some people when 17th Street came through that the
D.O.T. would improve their drainage, but, evidently, that
did not occur. He stated that the County cannot cure all
the drainage problems there without some massive improve-
ments in that area, as identified in the study by Reynolds,
Smith & Hills, but did feel that they could improve the
drainage in that area by providing a secondary drainage
49
$Q K 53 , wE 385
MAY
41983
8°3
�a` .''
system with swales
on each side of the road that would
divert the drainage to -the 6th Ave. drainage system.
Chairman Bird opened the Public Hearing and asked if
anyone present wished to be heard.
Mr. Milton Watson of 676 16th Place informed the Board
that a year before they built the 17th St. bridge he talked
to the Flood Control District and the Drainage District
commissioners and told them about the ditch between his
house and the Volkswagon dealership, where a culvert was
stopped up. They said it would be taken care of when they
built the new road, but instead they tore the culvert up,
stopped it up, and did not put a new one in at all.
Mr. Watson continued to complain of severe drainage
problems in that -area, standing water and toilets running
over, etc.,'and also his lack of success in getting a
culvert between his property and the VW dealership, but
commented that all of his complaints at last Wednesday's
meeting apparently had some effect since the D.O.T. people
did come and clean out the ditch at least. Mr. Watson felt
he could offer some suggestions on how to improve the
drainage problems in the area.
It was noted that today we are specifically addressing
roadway improvements, but the Chairman asked Public Works
Director Davis to work with Mr. Watson in regard to
improving drainage for the residents in that neighborhood.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the
Board unanimously closed the Public Hearing.
Commissioner Lyons suggested that if -anyone in the
County is not being satisfied, he would like them to bring
their situation before the Commission.
50
THE CHAIRMAN CALLED FOR THE QUESTION
to postpone the hearing on the paving of
16th Place until such time as 67% of the
property owners have signed the petition.
It was voted on and carried unanimously.
PUBLIC HEARING - PETITION PAVING OF PORTIONS OF lst PLACE
The hour of 9:00 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication,
to wit:
Published Daily
Vero Beech, Indian River County, Florida
3OUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach In Indian River County, Florida; that the attached copy of advertisement, being
a��%���
in the matter ofl/!�//��
-- 7
In the `7 Court, was. pub-
hsheo ir. said newspaper in the issues of ? l / /--�
Affiant further; says that the said Vero Eleach Press -Journal is a newspaper published at
✓ero Beach, in said Indian River County, Florida, and that the said newspaper nas heretofore
oeer, continuously publisned in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero beach, in said Indian RiverCoun-
ly, Florida, fora perioa of one year next prec(lding the first publication of the attached copy of
advertisement; ano affiant turtner says that F; a has neither paid nor promised any person, firm
or corporation any discount, rebate commit'>sion or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed befo me to s _ day of/%r'n�/ A.D. 19
'�Sus iness Manager)
(Clerk of'the Circus Coua, )Indian River County, Florida)
SEAQ
MAY
L�
51
.fRES41.tlTION NO.'83-"
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR CERTAIN PAVING
AND DRAINAGE IMPROVEMENTS TO IST
PLACE, BETWEEN 15TR AND 20TH AVENUES;
PROVIDING THE TOTAL ESTIMATED COST,
METHOD OF•PAYMEIMC:.OF ASSESSMENTS,
NUMBER .OF-TANNUAL,-1NSTALLMENTS.. AND
LEGAL DESCRIPTION THE AR9A SPECIALLY
..
.., — .
BENEFITED.,... ...
WHEREAS. the County Public Works Depart-
ment has received a public improvement petition.
signed by more than % of the owners of property
In the area to be specially benefited, requesting
paving and drainage improvements to 1st
( between 15th Avenue and 20th Avenue; and F'
WHEREAS, the petition tuts been veri
meets the requirements of Ord tnance 81-
design work including rust estimates has.
completed by the Public Works Department; and
WHEREAS the total estimated cast of the pro.
posed improvements is $30,589.70; and
WHEREAS, the special assessment provided
hereunder shall, for any given record owner of
property within the area specially benefiitteed, b in
five
Percent (75%) of the total cost of the project
which the number of lineal feet of road frontage
owned by the given owner bears to the total num-
ber of lineal feet of road frontage within the area
specially benefited, and shall become due and
Payable at the Office of the Tax Collector of In.
than River County ninety (90) days after the final
determination of the special assessment pursuant
to Ordinance 81-27; and
WHEREAS, Indian River County shall pay the
remaining twenty-five percent (25%) of the total
cost of the project; and
WHEREAS, any special assessment not paid
within said ninety (90) day period shall bear inter-
est beyond the due date at a rate established by
the Board of County Commissioners at the time of
Preparation of the final assessment roll, and shall
tobebpayable
made hn two twelve (12 monthsual fromthe duthe
e date
first
and the second to be made twenty-four (24)
months from the due date; and
WHEREAS, after examination of the nature and
anticipated usage of the proposed improvements,
the Board of County Commissioners has deter.
mined that the following described properties
shall receive a direct and special benefit from
these improvements, to wit:
alter 53 PAui : 7,
MAY 4 1993 53 PAtiF 3
Lots 5 and 6, Block A; Lots 1 and 18. Block B
as shown on the Plat of Indian River Heights Uni
4 Subdivision on record In Plat Book 6 Page 86 a
Public Records of Indian River County, Florida.
Lots 4 through 8 Block A: Lots 1 and 5 thmugt
8 Block D; Lots 4 through 8 Block B; Lots 1 ane
10 through 13 Block C; as shown on the Plat o'
Moreland Subdivision on record in Plat Book 4
Page 12 of Public Records of Indian River Coun.
ty, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE
BOARD OF COUNTY COMMISSIONERS OF IN
DIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and rata.
tied In their entirety.
s. A o.oiect providing for paving and drainage
Improvements to 1st Place, between T5th Avenue
and 20th Avenue, heretofore designated as Public
Works Froiect No. 8310, is hereby approved sub.
Oct to the terms outlined above andell appfisabte
requirements of Ordinance 81 -4F -b- 1.
The foregoing resolution was offered by Com•
missioner who moved its adoption.
The motion was seconded by Commissioner —
and. upon being put to a vote. the vote
was as follows:
Chairman Richard N. Bird
Vies -Chairman Don C. Scurlock Jr.
Commissioner Margaret C. Bowman
Comrnlesioner Patrick B. Lyons
Commissioner. Wiifiarn C- Wodtke Jr. . .
The Chairman thereupon declared the resolu-
tion duty passed and adopted this
day of ,1983.
Board of County Commissioners
of Indian River County, Florida
By: Richard N. Bird
Chairman
Attu: Freda Wright, Clerk
Approved as to form
and legal sufficiency
By: Christopher J. Paull ►.'
Director Davis stated that 78% of the property owners
responded favorably at a cost of $30,569.70.
Chairman Bird opened the Public Hearing and asked if
anyone present wished to be heard.
Mr. Muzeck of 7660 U.S. #1 addressed the Board, and
stated the County shows his former address at 12965 74th
Terrace, Sebastian. He explained that he owns the corner
lot on lst Place and 15th Avenue and his main objection was
that he was not properly notified of the petition paving.
He stated his phone number appears on a sign in front of his
lot and did not understand why the petition block captain
had not contacted him. His first notification of this
paving was a letter from the County regarding the cost and
another letter of notification of the meeting of April 27,
1983. He did speak to Mr. Davis during that meeting and was
advised to bring his objections before the Commission today.
Mr. Muzeck objected also to the petition being origin-
ally circulated to pave 1st Place between 16th & 20th
Avenues, and later changed to extend to 15th Avenue.
Director Davis explained that the petition had first
been circulated between 15th & 20th Avenues, but was done in
52
W
� � r
stages. He felt if it was the desire of the people, we
could delete the portion between 15th Ave. and 16th Ave. and
authorize the resolution for paving of lst Place between
16th Ave. and 20th Ave.; however, the County has a valid
petition with 780 of the property owners consenting.
Mrs. Margaret Sesan, 1505 lst Place, addressed the
Board and explained the location of her lot,.which is right
across from Mr. Muzeck's property facing lst Place and was
the only house on the block. She did not understand why Mr.
Muzeck stated his house is on 15th Ave., when the house
faces lst Place. She always understood that whoever owns a
corner lot, determines when they build which side is to be
the front.
Debate followed between Mrs. Sesan and Mr. Muzeck.
Mrs. Sesan felt the paving will enhance her property and
that of Mr. Muzeck's. She noted that if the paving is not
done at this time, the cost will be even greater. She
stated that she is tired of eating dust and wants very much
to have the street paved.
Commissioner Wodtke asked if an original petition was
circulated to pave a street from points A to B and later
extended to point C, whether it is legal for the Commission
to address this. Attorney Brandenburg advised that it was.
Commissioner Scurlock said that when a petition was
being circulated and people who lived on the street and had
been eating dust had made it their business to sign the
petition, he did not feel it was fair to deny the paving
just because everyone had not been contacted, especially
with the difficulty in contacting so many out-of-state
property owners.
Commissioner Lyons felt that procedures were properly
followed.
53
MAY 41983 aoa . 53 3,89
BOOK *53 PA40
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Scurlock, the
Board unanimously closed the Public Hearing.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Scurlock, the
Board unanimously adopted Resolution 83-35,
providing for certain paving and drainage
improvements to 1st Place, between 15th and
20th Avenues.
RESOLUTION NO. 83- 35
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN -RIVER COUNTY, FLORIDA, PROVIDING FOR
CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO
1ST PLACE, BETWEEN 15TH AND 20TH AVENUES;
PROVIDING THE TOTAL ESTIMATED COST, METHOD OF
PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL
INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA
SPECIALLY BENEFITED.
WHEREAS, the County Public Works Department has received
a public improvement petition, signed by more than 2/3 of the
owners of property in the area to be specially benefited, request-
ing paving and drainage improvements to 1st Place, between 15th
Avenue and 20th Avenue; and
WHEREAS, the petition has been verified and meets the
requirements of Ordinance 81-27, and design work including cost
estimates has been completed by the Public Works Department; and
WHEREAS, the total estimated cost of the proposed
improvements is $30,569.70; and
WHEREAS, the special assessment provided hereunder
shall, for any given record owner of property within the area
specially benefited, be in an amount equal to that proportion of
seventyfive percent (75%) of the total cost of the project which
the number of lineal feet of road frontage owned by the given
owner bears to the total number of lineal feet of road frontage
within the area specially benefited, and shall become due and
payable at the Office of the Tax Collector of Indian River County
54
7-1
ninety (90) days after the final determination of the special
assessment pursuant to Ordinance 81-27; and
WHEREAS, Indian River County shall pay the remaining
twenty-five percent (25%) of the total cost of the project; and
WHEREAS, any special assessment not paid within said
ninety (90) day period shall bear interest beyond the due date at
a rate established by the Board of County Commissioners at the
time of preparation of the final assessment roll, and shall be
payable in two (2) equal installments, the first to be made twelve
(12) months from the due date and the second to be made twenty-
four (24) months from the due date; and
WHEREAS, after examination of the nature and anticipated
usage of the proposed improvements, the Board of County
Commissioners has determined that the following described proper-
ties shall receive a direct and special benefit from these
improvements, to wit:
Lots 5 and 6, Block A; Lots 1 and 18 Block B; as shown
on the Plat of Indian River Heights Unit 4 Subdivision
on record in Plat Book 6 Page 86 of Public Records of
Indian River County, Florida.
Lots 4 through 8 Block A; Lots 1 and 5 through 8 Block D;
Lots 4 through 8 Block B; Lots 1 and 10 through 13 Block C;
as shown on the Plat of Moreland Subdivision on record in
Plat Book 4 Page 12 of Public Records of Indian River County,
Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratified in
their entirety.
2. A project providing for paving and drainage improve-
ments to 1st Place, between 15th Avenue and 20th Avenue, hereto-
fore designated as Public Works Project No. 8310, is hereby
approved subject to the terms outlined above and all applicable
requirements of Ordinance 81-27.
The foregoing resolution was offered by Commissioner
Lyons who moved its adoption. The motion was seconded
by Commissioner Scurlock
and, upon being put to a vote, the
55
6QOK PACES 1:
vote was as follows:
Ball, 5.3. Pace
Chairman Richard N. Bird Aye
Vice -Chairman Don C.'Scurlock, Jr. Aye
Commissioner Margaret C. Bowman Aye
Commissioner Patrick B. Lyons Aye
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 4th day of May , 1983.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By
RICHARD N. BIRD
Chairman
ON MOTION by,Commissioner Lyons,
SECONDED by Commissioner Scurlock,
the Board unanimously approved preliminary
assessment roll in the amount of $30,569.70
for the paving of lst Place between 15th and
20th Avenues.
(Said Assessment Roll is on file in the Office of the Clerk)
Public Works Director Jim Davis reported that this was
the 19th petition paving project that has been approved
since the conception of the program about a year and a half
ago.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Scurlock, the
Board unanimously allocated $133,118.36
from the Petition Paving account to fund the
paving of:
23rd Ave. bet. 1st St. & 4th St. $55,486.36
14th Ave. bet. 12th & 14th Sts. $27,782.66
38th Ave. bet. 2nd & 6th Sts. $19,279.64
1st P1. bet. 15th & 20th Aves. $30,569.70
$133,118.36
56
NATURE TRAIL ON WABASSO ISLAND
u
The Board reviewed the following letter dated 4/13/83:
Telephone (305) 567.7165 SUNCOM No. 465 -loll
SC11CCl. ®ISTVICT CIF INDIAN VIVEL CCUSI-y
1990 25th Strbet - Vero teach, Florida 32960 �
JAMES A. BURNS, Supwirnandent
1 13, 1983
?at Lyons, Chairman.
I of County Commissioners
25th Street
Beach, FL 32960
Mr. Lyons:
SCHOOL BOARD
RICHARD A. BOLINGER
Chalrtnan
RUTH R�BARNES
Vic Chairman
JUDSON P. BARKER, JR.
JOE N. IDLETTE,JR.
LIS
�� rlBUTIOrN DOROTHY
DlSTA. TALBERT
T
Coammissianers .01AY I�<_K'_:
Administrator
Attorney
Personnel.
Public Works `
Community oeV. --
Utilities
Finance
rvironmental education project proposal is being considered for the
ase of developing a nature trail on Wabasso Island on county property.
iu know, the Pelican Island Audubon Society has expressed interest in
.oping an environmental education center on this site. The site is
estuarine environment and has unique potential for environmental
tion purposes.
uld like to request approval to develop the nature trail. With your
val we plan to apply for funding of the project to the State Depart -
of Education's Environmental Education Mini -Grant Program.
hed is a copy of the project proposal. We feel that this project
with the Coastal Hammock Trail at Beachland Elementary will do much
prove our Environmental Education Program.
rely.
A. Burns
Lntendent
Chairman Bird explained that this request came into
Commissioner Lyons' desk while he was on vacation, and he
took the liberty of contacting the Audubon Society and the
School Board about the possibility of a coordinated project
to establish a nature trail on Wabasso Island.
Paul Adams, Administrative Staff of the Indian River
District School Board, addressed the Board and explained
that they are asking the Commission's permission to develop
57
MAY 41983
$ PACS 393
MAY 41993 Boon 53 Fuc,394.
a nature trail on Wabasso Island to enable them to apply for
funding of the project to the State Department of Edu-
cation's Environmental Education Mini -Grant Program. He
stated that they did not anticipate any permanent structures
and the nature trail would be very similar to the one at
Beachland Elementary.
Chairman Bird said the concept sounds very appealing
and very worthwhile, but wondered if there could be some
coordination with the Audubon Society since we are already
committed to helping that organization in developing an
environmental education center on that site.
Ruth.Stanbridge addressed the Board and explained that
she serves on the Environmental Advisory Committee, and the
committee has an' -overall plan for,Wabasso Island to utilize
the state grant money. She hoped that Paul Adams would
serve on the committee working closely with them in
developing a site plan.
Commissioner Lyons wanted very much to have a schematic
master plan now, before the trails are put in, so that we
are absolutely sure we have provided for the future, and we
can be sure the School Board and the Audubon Society agree
to the plan.
Chairman Bird asked if it would suit their purposes
this morning if the Board would give conceptual approval to
the project and the drafting of a master plan for this area,
subject to approval of the final plan by this Board.
Paul Adams stated it would facilitate the grant
proposal to the D.O.E. and felt the suggestions of Commis-
sioner Lyons would be no problem because the cooperation
between the Audubon Society and the School Board has been
very, very positive in the past.
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Scurlock, that
� � r
the Board approve the project concept of
developing a nature trail on Wabasso Island,
contingent on the drafting of a master plan
for the project as a cooperative effort between
the School Board and the Audubon Society and
subject to final approval by the Commission.
Discussion followed and it was agreed that the School
Board and Audubon Society should coordinate the master plan
through the Parks & Recreation Department before coming back
to the Commission.
The Chairman CALLED FOR THE QUESTION.
The Motion was voted on and carried 5-0.
UPDATE - INDIAN RIVER COMMUNITY MENTAL HEALTH CENTER, INC.
The Board reviewed the following letter dated 4/6/83:
SAW
1 i �
Boa 53 PAGE 395
J
Fr__
MAY 41983
INDIAN
RIVER
COMMUNITY
R MENTAL HEALTH CENTER, Inc.
800 AVENUE H. FORT PIERCE, FLORIDA 33450 `
305-464-8111
laI I,'r, ( � T r O N LIST
JOHN R. ASHCRAFT, ACSW ��: i --J
EXECUTIVE DIRECTOR Co �'t%1 :�.3.L:(Z.'.;'S
JUDITH J. WEBER, ACSW C j� 7 Administrator
ASSOCIATE DIRECTOR N56l P - I,--,
Chairman Dick Bird
Indian River County Board of
Commissioners
1840 25th Street
Vero Beach, FL 32960
Re: 1) Request to Appear Before Commission
2) Analysis of District Board's Consultant Report
Dear Chairman Bird:
D�
Fe 396
INDIAN RIVER COUNTY BRANIH
1314 20th STREET
VERO BEACH, FLORIDA 32960
305-569-2906
MARTIN COUNTY BRANCH
422 CAMDEN. AVENUE
STUART. FLORIDA 33494
305-283.7070
OKEECHOBEE COUNTY BRANCH
1008 N. PARROTT AVENUE
OKEECHOBEE. FLORIDA 33472
813.763.1191
April 6, 1983
On April 27, 1983 the Mental Health District Board will meet to finalize
its New Allocation Policy. 'Please accept this letter as a request to appear
before the County Commission the following week, i.e. May 2 - 6, to report
on the District Board's action. At the same time, I would appreciate the
opportunity to provide an update on the progress of the Indian River Regional
Treatment Center (the psychiatric hospital project).
Last week a copy of the District Board Consultant's report was mailed to
you. The remainder of this letter provides a brief analysis of the report and
describes the District Board's initial reaction.
The Consultant's report excludes three issues from consideration in the .
determination of allocations: 1) past initiatives of agencies, 2) designated
funding categories and 3) per capita considerations. In addition, the Con-
sultant's report focuses on the quantity and quality of services provided to
"priority" populations and concluded that needs assessments and program evalu-
ations will have to be conducted to determine if the District's resources
concludes that, if the District's resources are being utilized to provide
quality services to priority populations, the present plan is working and
therefore, it "makes no sense to destroy existing priority programs in order to
shift resources to establish programs elsewhere." The Consultant also recommends
that the District Board hire a consultant to help the Board establish an oper-
ational plan.
Our analysis of the Consultant's report contains the following
observations:
I. The recommendation for additional needs assessments and program
evaluations ignores the obvious. The demographic characteristics
of the four county population clearly indicate a need for Mental
Health dnd Alcohol Services which exceeds a pure per capita allo-
cation calculation.
60
Attorney
-
Personnel
Public Works -
_ 00m9�Ja
..
Community DOV. -
s�G
Utilities
other
Chairman Dick Bird
Indian River County Board of
Commissioners
1840 25th Street
Vero Beach, FL 32960
Re: 1) Request to Appear Before Commission
2) Analysis of District Board's Consultant Report
Dear Chairman Bird:
D�
Fe 396
INDIAN RIVER COUNTY BRANIH
1314 20th STREET
VERO BEACH, FLORIDA 32960
305-569-2906
MARTIN COUNTY BRANCH
422 CAMDEN. AVENUE
STUART. FLORIDA 33494
305-283.7070
OKEECHOBEE COUNTY BRANCH
1008 N. PARROTT AVENUE
OKEECHOBEE. FLORIDA 33472
813.763.1191
April 6, 1983
On April 27, 1983 the Mental Health District Board will meet to finalize
its New Allocation Policy. 'Please accept this letter as a request to appear
before the County Commission the following week, i.e. May 2 - 6, to report
on the District Board's action. At the same time, I would appreciate the
opportunity to provide an update on the progress of the Indian River Regional
Treatment Center (the psychiatric hospital project).
Last week a copy of the District Board Consultant's report was mailed to
you. The remainder of this letter provides a brief analysis of the report and
describes the District Board's initial reaction.
The Consultant's report excludes three issues from consideration in the .
determination of allocations: 1) past initiatives of agencies, 2) designated
funding categories and 3) per capita considerations. In addition, the Con-
sultant's report focuses on the quantity and quality of services provided to
"priority" populations and concluded that needs assessments and program evalu-
ations will have to be conducted to determine if the District's resources
concludes that, if the District's resources are being utilized to provide
quality services to priority populations, the present plan is working and
therefore, it "makes no sense to destroy existing priority programs in order to
shift resources to establish programs elsewhere." The Consultant also recommends
that the District Board hire a consultant to help the Board establish an oper-
ational plan.
Our analysis of the Consultant's report contains the following
observations:
I. The recommendation for additional needs assessments and program
evaluations ignores the obvious. The demographic characteristics
of the four county population clearly indicate a need for Mental
Health dnd Alcohol Services which exceeds a pure per capita allo-
cation calculation.
60
a
2. While additional needs assessments and program evaluations may
prove useful in "fine tuning" the Board's allocation methodology,
to focus on this aspect of the process is to ignore the central
issue while focusing on detail.
3. The Consultant's statement that "it makes no sense to destroy
existing priority programs in order to shift resources to establish
programs elsewhere" maintains the status quo and ignores the heavy
concentration of priority populations within the four county area.
This statement also negates the Board's responsibility for District
wide planning.
4. Additional costly and time consuming studies by more consultants
are not needed. The Board has sufficient hard data on both the
characteristics of the District population and the provider agencies
to address the allocation issue immediately.
S. In conclusion, the Consultant's report provides the Board with little
useful information, virtually no guidance, and a great deal of smoke.
After reviewing the report, the District Board agreed to reject any allo-
cation policy based on per capita and to develop its allocation policy based
on need. In addition, the Board agreed to provide IRCMHC with 10 "spill over"
beds for crisis and residential services. It was recognized that these beds
would be in Palm Beach County and would require a transportation system.
I appreciate your consideration of my request to report to the Commission
during the week of May 2 - 6.
Sincerely,
i - CU/
John R. AshcraftACSW
Executive Director
John R. Ashcraft, Executive Director of the Indian
River Community Mental Health Center, addressed the Board on
the following items:
Indian River Branch Office
They are in the process of upgrading the quality of
treatment in this program and are pleased to announce that
they have employed an extremely well qualified branch
director, Patricia Davis Smith, who will be joining the
staff May 23, 1983.
Mental Health District Board.
The District Board has been forced to reexamine its
functions and its policies. The Board has finally adopted a
funding allocation and contracting policy which represents a
major step forward in that it provides an outline for the
61
MAY 4 1983 8XK 53
MAY 4 1983 53 PAUL19
Board to make its decisions; however, until three major
flaws are corrected, there really.isn't much accomplished.
These flaws are:
1. The definitions of services which the Board would like
to purchase are so restrictive that it would prohibit the
Mental Health Center from providing services that are
expected by the Court, by law enforcement, and in fact,
required by federal and state law. These definitions must
be more flexible.
2. The District Board's purchasing policy and the District
Plan does not link its goals to its priorities, and the
Board has taken the position that it is not going to priori-
tize its goals until July 30th, which is one month after
contracts have to be let for next year.
3. The Board is considering dropping the core service
agency concept, which it developed several years ago, to
ensure integrated services and continuative care, and it is
felt that the thrust of this action is an attempt to split
up our 4 -county alliance which has brought the inequity
issues to the public's attention.
District 9 Mental Health Board Annual Plan
Mr. Ashcraft informed the Commission that the District
9 Board must prepare a district plan each year. The plan
outlines objectives for alcohol, mental health and sub-
stance -abuse programs for the entire five -county area.
Health and Rehabilitative Services and the counties fund the
mental health districts. He advised that Indian River
County has the authority to require necessary modification
to that part of the District plan which affects mental
health programs and services within the County.
62
46,
i
He continued that HRS and each county must approve.the
District Plan, and if four out of five counties disapprove
the plan, some negotiations would have to take place.
Mr. Ashcraft handed out a comprehensive reported dated
5/14/83, which provides background for the seven recommenda-
tions listed on the first page, as follows:
Indian River Community Mental Health Center
Recommendations:
1. Review F.S..394.18 which gives the County Commission the authority to
require necessary modifications to that part of the District Mental Health
plan which affects Mental Health programs and services within Indian River County.
2. Request that the Board of Directors of the Indian River Community Mental Health
Center, as the body -charged with. the responsibility of providing services to
county residents, submit written recommendations to the County Commission
before the Commission approves the District Plan.
3. Request that representatives of each Commission meet, and develop a uniform
position before each Commission approves the District Plan.
4. Require that the Mental Health District Board No. 9 prioritize its goals for
FY 1983-84 prior tothe July 1, 1983 beginning of the new .fiscal year..
5. Study the State evaluation report of the Mental Health District Board and
take appropriate action.
6. Support the -legislative appropriation -of funds for Adult Residential Treatment
program contained in the Governor's budget for our four county area.
7. Support Senator Myers and Representative Hill in their efforts to find a
legislative solution to the problem of the Mental Health District Board
(SB 141 and HB 351).
Attachments:
1. Resume of Patricia Davis Smith
2. dental wealth District Board No.9 Funding Allocation and Contracting Policy
3. Two Drafts of Alcohol.Section of District Plan
4. Evaluation of Mental Health District Board No.9
5. SB 141
Other County Commission's Action:
1. St. Lucie County Commission - May 3, 1983
a) Concurred with above recommendations
b) Appointed Commissioner Havert Fenn to meet with other Commissions'
representatives to review Center Board recommendations.
c) Passed a resolution to support SB 141.
2.' Martin County Commission will hear presentation on May 10, 1983.
3. Okeechobee County Commission will hear presentation on May 12, 1983.
5/4/83
63
ti
A 4 193 c 53 mcg 399
MAY 4 1983
Mr. Ashcraft talked at length from this report and
urged support of legislation drafted by Senator Myers and
Representative Hill which would split the 4 -county area out
of the district which includes Palm Beach County. These
bills, SB 141 and HB 351, would create an administrative
structure for the 4 -county area to address its particular
needs.
Commissioner Wodtke stated he would be very supportive
of Senator Myers proposal to split the four districts;
however, his first choice would be to abolish district
boards. He emphasized that prior to approving the District
Plant, we need to be sure there is equitable treatment in
funding and allocation.
Commissioner Wodtke urged the'Board to consider Mr.
Ashcraft's recommendations and hoped each county would
appoint a Commissioner to sit on a study committee of the
District Plan, and also have some joint meetings with the
four county attorneys in regard to District legal documents.
He felt that we should address this at the stage of alloca-
ting funds and assist our local mental health board in
trying to be sure that we have an equitable share.
Commissioner Lyons heartily concurred and felt the time
has come for us to exercise every legal means we have to see
that we get our fair share, and if we don't get our fair
share, then to take it to the courts.
Mr. Ashcraft explained that recommendation #4,
requiring the District Board to prioritize its goals was a
realistic timeframe, as the District Board could not ignore
a mandate to prioritize their goals by 4 out of the 5
counties.
Commissioner Wodtke commented that he was not entirely
satisfied with the representation we have on the District
Board and felt the position our representative takes does
64
not seem to be in the best interests of the County. The
Commissioners considered asking for the resignation of Mrs.
Thelma Fitzpatrick at some future date.
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Lyons, the Board
unanimously authorized the Chairman to
appoint a Commissioner to serve on a joint
4 -county committee to develop a uniform
position on the District plan prior to budgets;
and authorized the County Attorney to draft a
Resolution supporting SB 141.
The Chairman requested Commissioner Wodtke to serve on
that committee, and Commissioner Wodtke agreed.
The Chairman CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
Chairman Bird thanked Mr. Ashcraft for his
excellent preparation of this report and noted they would be
working with him soon on the workshop for alcoholism and
vagrancy to be held on Wednesday, May 23, 1983.
65
MAY 41983 eoa' 53 PAC ,401
r MAY
4 19qQ 83
PUBLIC HEARING — CLOSING HOURS FOR TRACKING STATION PARK
The hour of 10:45 o'clock-A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Daily
•
t NOTICE OF INTENT TO ADOPT
Vero (Beach, Indian River County, Florida
RULES FOR PARK LOCATED AT
TRACTING STATION
The Board of County Commissioners has
,scheduled a public hearing to consider the adop-
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
tion of the following resolution on May 4. 1983• at
!10:45 A.M. in the County Commission Chambers
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
9 Y P Y PP
at 1840 255th Street. Vero Beach, Florida. AN indi-
viduals Intersted in the resolution shall be given
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
'the opportunity to comment at this time.
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY. FLORIDA, ESTABLISH.
ING BY RULE CLOSING HOURS FOR
a 1
THE TRACKING STATION PARK.
'^/
L 1
WHEREAS, the Board of County Commission.
ers of Indian River County has detamuned that it
in the matter of5'TGf/i'
is in the beat interest of the citizens of Indian
'River County to establish, pursuant to the -Indian
jRiver County Park Ordinance, a rude providing
closing hours for the Tracking Station Park.
NOW, THEREFORE, BE IT RESOLVED BY THE
BOARD OF COUNTY COMMISSIONERS OF IN.
DIAN RIVER COUNTY that, pursuant to Section
in the Court, was pub-
,171A-4 (a) of the Indian River County Code of
:Laws and Ordinances and the agreement be.
�1
4ween Indian River County and Indian Riva`
Shores dated November 18, 1981
I.—
lished in said newspaper in the issues of
1. Tracking Station Park shall elm and atf per:
'sons shall leave the park between nine Welock
(9:00) P.M. and sunrise.
j If any person decklesto appeal any decloon
made on the above matters, he/she wM feed a
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
°f proceedings, and for may Ipoees= he/she may need to ensure that a verba -
a
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
*n record of the proceedings Is made, w!W
been continuously published in said Indian River County, Florida, each daily and has been
(record includes the testimony in ""dens on
a�� is based.
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-which.
p
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed bejgre nothis day of , l'Ie"_ D. 19 2y
VV r
iness Manager) C g 1
WA zo
-v
(Clerk of the Circuit Court, Wien River County, Florida) 3
(SEAL) w
r
Attorney Brandenburg explained that when closing hours were
set for other County parks, the Tracking Station Park was inad-
vertently omitted. The hours need to be formally adopted to
enable the Police to enforce them.
The Chairman wished to know if the park design included a
gate, and Public Works Director Davis noted that there is agate
there now.
The Chairman asked if anyone present wished to be heard.
66
Leonard Nichol of Pebble Bay Villas, which is bordered on
several sides by the park, felt that a year or so ago when the
park was being discussed, an agreement had been worked out with
the Commission designating hours from sunup to sunset. He noted
that setting the hours from sunup to 9:00 P.M. makes that true
only for about two months out of the year while the balance of
the year the sun will set long before 9:00 P.M. Mr. Nichol felt
a regulation setting the hours from sunup to sunset would be
preferable.
Wally Hill, also of Pebble Beach Villas, concurred and
emphasized that after sundown is when there is a lot of
disturbance; there doesn't seem to be a problem during the
daylight hours.
Attorney Brandenburg reported that the hours set out in the
agreement referred to were formulated with due consideration
given the concerns of the general public and the fishermen, and
those hours were from sunup to 9:00 P.M.
Chairman Bird noted we were trying to reach some .type of
agreement with the Town of Indian River Shores re closing gates,
and it was felt a consistent time would be easier to regulate.
Discussion ensued as to the fact that sunset occurs at
different hours throughout the year. Commissioner Lyons sug-
gested setting the closing hour at 8:00 P.M. Standard Time and
9:00 P.M. Daylight Saving Time. Various other alternatives were
suggested, including wording stating that all people shall leave
the park "no later than 9:00 P.M.," and Attorney Brandenburg
stated there has to be some standard set; it cannot be
discretionary in the officer's mind.
Lee Pierce of Pebble Bay Villas favored a sunset closing
hour and did not feel closing the park at 6:00 P.M. would cause
any hardship. He also emphasized the need for a local arresting
officer, and wished to know why the Indian River Shores police
cannot be deputized to act as full arresting officers in the
County park.
Boa 53 P�� 3
MAY
4
1983
aau
404
It
was explained that the Board had tried to get
the Sheriff
to deputize the Indian River Shores Police, but the Sheriff is
limited by Statute as to whom he can deputize, and he did not
feel this was feasible.
Chairman Bird noted that we are not trying to encourage
activities in the park after dark, and he believed we did set
sunset as the closing time for other county parks.
Chairman Bird asked if anyone else wished to be heard.
There were none.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Lyons, the Board unanimously
closed the public hearing.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Lyons, the Board unanimously
adopted Resolution 83-36 establishing closing
hours for the Tracking Station Park, deleting
nine o'clock P.M. and stating that all persons
shall leave the park between sunset and sunrise.
68
r
RESOLUTION NO. 83-36
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA ESTABLISHING BY
RULE CLOSING HOURS FOR THE TRACKING STATION
PARK.
WHEREAS, the Board of County Commissioners of Iniiian
River County has determined that it is in the best interest of the
citizens of Indian River County to establish, pursuant to the
"Indian River County Park Ordinance", a rule providing closing
hours for the Tracking Station Park.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY that, pursuant to Section 17-
1/4-4 (a) of the Indian River County Code of Laws and Ordinances
and the agreement between Indian River County and Indian River
Shores dated November 18; 1981;
1. -.Tracking Station Park shall close and all persons
shall leave the park between sunset and sunrise.
This resolution shall be filed with the Clerk of the
Circuit Court of the County and shall become effective when so
filed.
The foregoing resolution was offered by Commissioner
.Scurlock who moved its adoption. The motion was seconded by
Commissioner Wodtke and, upon being put to a vote, the vote was as
follows:
Chairman Richard N. Bird - Aye
Vice -Chairman Don C. Scurlock, Jr. - Aye
Commissioner Margaret C. Bowman - Aye
Commissioner Patrick B. Lyons - Aye
Commissioner William C. Wodtke, Jr. - Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 4th day of May, 1983.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
RICHARD N. BIRD
Chairman
69
,MAY 4 1983
64tw 53 PIIctlffi
MAY 4 1993 BOOK �r1U.'
PUBLIC HEARING - AMENDMENT OF ZONING CODE (SIGNS)
The hour of 10:30 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he Is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a - !/G' // C. 1'
in the matter of_G"i�I/le`G/ e
in the
Court, was pub-
lished in said newspaper in the issues of 42r. ZS—�_
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously. published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before this day of�r A.D. 19
anager)
(SEAL) (Clerk of the Circuit Court, Indian R�iv r County, Florida)
NOTICE OF INTENT TO CONSIDER
COUNTY ORDINANCE AMENDING
ORDINANCE 71-3, KNOWN AS THE
INDIAN RIVER COUNTY
ZONING CODE
j The Board of County Cammissipners•of Indian
River County, Florida, will conduct a public hear-
ing on May 4, 1983, at 10.30 A.M. in the Commis-
sion Chambers at theCounty Administration
Building, 1840 25th Street, VeroFlorida, to
consider the adoption of an ordinance entitled.
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING ORDINANCE 71-3, AS
;AMENDED, KNOWN AS THE INDIAN RIVER
:COUNTY ZONING CODE; PROVIDING FOR REVI-
SIONS TO SECTION 25. (o) 5 SIGNS. ESTAS-
LISHING SIGNS AS A PERMITTED USE IN THE
R -2A, R-28, R -2C and R-20, MULTIPLE -FAMILY
'ZONING DISTRICTS; PROVIDING FOR CODI-
IFICATION, SEVERABILITY; REPEAL OF CON-
IFLICTING PROVISIONS. AND EFFECTIVE DATE;
This notice supercedes any previous notice in
relation to the amendment of Section 25.(o) 5
Signs.
If any person decides to appeal any decision
made on the above matter, he/she will neod a
record of the proceedings, and for such pur-
poses, he/she may creed to erasure that a verba-
tim record of the proceedings is made, which
record includes the testimony M evidence on
which the appeal is based.
Plan i M Streetit ��ry
Vero Beach, Florida 32980
Apr. 15, 28,1983.
Community Development Director King reviewed the following
staff memo, noting that their recommendation was unanimously
approved by the Planning & Zoning Commission:
70
TO: The Honorable Members DATE: April 18, 1983 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE: PROPOSED AMENDMENT TO
SECTION 25(0) OF THE
SUBJECT: ZONING CODE
Patrick Bruce King, A];r P
THROUGH: Robert Keating, AICP�
Planning & Zoning Mgr., '
FROMmary Jane V. Goetz fried REFERENCES:
Staff Planner
It is requested that the data herein presented be given formal,
consideration by the Board of County Commissioners at their
regular meeting of May 4, 1983.
DESCRIPTION & CONDITIONS
It has recently been brought to the attention of the Plan-
ning and Zoning Department that signs are not specified as
permitted uses in all of Indian River County's zoning
districts. This is due to the fact that the sign ordinance,
which was adopted in 1971, was not amended subsequent to the
adoption of any new residential zoning districts. The R -2A,
R -2B, R -2C and the R -2D, Multiple -family Districts are not
included in the schedule of zoning districts where signs are
permitted.
At their meeting of March 24, 1982, the Planning and Zoning
Commission unanimously recommended approval of this proposed
ordinance to the Board of County Commissioners.
ALTERNATIVES & ANALYSIS
It is the intent of the .sign ordinance to regulate the
location, number, size and type of signs erected in Indian
River County.
The type of sign permitted in each zoning district is based
on the allowable uses within that district. The four (4)
multi -family zoning classifications omitted from the sign
ordinance share the same allowable uses. In accordance with
the existing regulations governing signs in residential
areas, it would be compatible for the aforementioned dis-
tricts to permit.signs as follows:
a) Professional - Professional identification sign.
b) Sale - A sign pertaining to only the rent, lease or
sale of the premises upon which it is displayed.
c) Bulletin - A sign or bulletin board located on the
premises of a church, institution, club or fraternal
organization for the purpose of displaying the name
of the church, institution, club or organization and
the activities or program of the same.
d) Directional - Directional or informational signs of a
public nature which states the name or location of an
incorporated or unincorporated community; name and place
of meeting of a church or civic club such as Chamber of
Commerce, Rotary, Civitan or Kiwanis Club.
71
MAY 4 1983 bo 53 4(
MAY 4 19 3
BOOK P Uf
e) Business (on-site onlyl - An attached, free-standing or
structural sign pertaining to the advertising, announcing or
describing of the principal use or uses of the premises
upon which it is displayed.
Each business use on the site shall -be limited to one of each
of the following signs not to exceed the size stated below:
(a) Professional: 12'square feet.
(b) Sale: 12 square feet.
(c) Bulletin: 12 square feet.
(d) Directional: 8 square feet.
(e) Business: 150 -square feet.
Adoption of this amendment to Ordinance 71-3 would correct
the oversight and allow the placement of signs as permitted
in the other County zoning districts.
RECOMMENDATIONS
Staff recommends the adoption of the amendment to Section
25(0)5 Signs, which would establish signs as a permitted use
in the R -2A, R -2B, R -2C, and the R -2D Multiple -family zoning
district.
The Chairman asked if anyone present wished to be heard.
There were none.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Scurlock, the Board unanimously
closed the public hearing.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Scurlock, the Board unanimously
adopted Ordinance 83-18 amending Ordinance 71-3
re signs.
72
W
ORDINANCE NO. 83 - \7
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 25(o)
(5) OF ORDINANCE 71-3, AS AMENDED KNOWN AS THE INDIAN
RIVER COUNTY ZONING CODE; PROVIDING FOR SIGNS AS
PERMITTED USES IN THE R-2A,'i
MOK
(c) Directional..
(d) Business (on-site only).
SECTION 2.
Subsections (h) - (s) of the existing ordinance are
hereby relettered to accommodate the above referenced newly
created subsections.
SECTION 3.
INCORPORATION IN CODE. The provisions of this ordinance
shall be incorporated into the County Code and the word
"ordinance" may be changed to '°section", "article", or other
appropriate word, and the sections of this ordinance may be
renumbered or relettered to accomplish such intentions.
.. SECTION 4.
SEVERABILITY. If any section, part of a sentence,
paragraph, phrase or word of this ordinance is for any reason
held to be unconstitutional, inoperative or void, such holdings
shall not affect the remaining portions hereof and it shall be
construed to have been the legislative intent to pass this
ordinance without such unconstitutional, invalid or inoperative
part.
SECTION 5.
EFFECTIVE DATE. The provisions of this ordinance shall
become effective upon receipt from the Florida Secretary of State
of official acknowledgment that this ordinance has been filed with
the Department of State.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida on this 4th day of
May , 1983.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RI COUNTY
By l
RICHARD N. BIRD
Chairman
74
s
c
SOUTH COUNTY FIRE DISTRICT
The Board of County Commissioners recessed at 11:40 o'clock
A.M. in order that the District Board of Fire Commissioners of
the South Indian River County Fire District might convene. Those
Minutes are being prepared separately.
NORTH COUNTY FIRE DISTRICT
The Board of County Commissioners thereupon reconvened at
11:55 o'clock A.M. and immediately recessed in order that the
District Board of Fire Commissioners of the North Indian River
County Fire District might convene. Those Minutes are being
prepared separately.
The Board of County Commissioners reconvened at 11:57
o'clock P.M. with the same members present.
FINAL ASSESSMENT ROLLS - 15th, 16th and 17th Avenues
The Board reviewed staff memo as follows:
TO: The Honorable Members of the DATE: April 25, 1983 FILE:
Board of County Cannissioners
THRU: Michael Wright,
County Administrator I '
SUBJ ECT:Final Assessment Roll - petition Paving
15th Avenue - 2nd Street to 4th Street
16th Avenue - 2nd Street to 1st Street S.
17th Avenue - 2nd Street to 4th Street
FROM: James W. Davis, P.E., REFERENCES:
Public Works Director
DESCRIPTION AND CONDITIONS
The paving of 15th Avenue, 16th Avenue and 17th Avenue is complete. The
final cost for the work was:
15th Avenue
16th Avenue
17th Avenue
$17,323.85
22,050.37
22,674.09
All construction costs are under the original estimates. The Final Assessment
Rolls have been prepared and are ready to be delivered to the Clerk to the Board.
Assessments are to be paid within 90 days or in two equal installments, the
first to be made twelve months frau the due date and the second to be made
twnety-four months from the due date at the rate of interest established by
the Board of County Commissioners. The due date is 90 days after the final
determination of the special assessment. The interest rate shall be 12% per
annum.
75
MAY 4 1983
ALTERNATIVE AMID ANALYSIS
Since the final assessment to the benefitted owners will be less that
c mputed on the preliminary assessment rolls, the only alternative presented
is to approve the final assessment rolls.
CATIONS AND FUNDING
It is recommended that the Final Assessment Rolls for the pay.iijq of 15th
Avenue, 16th Avenue, and 17th Avenue be approved by the Board of County
Commissioners and that they be transmitted to the Office of the Clerk to the
Board for collection.
Public Works Director Davis reported that there is a minor
change on 17th Avenue - after the assessment roll was prepared,
the Board abandoned some right-of-way on Third Street which went
to abutting property owners, and, therefore, an additional lot
was included that now benefits from the paving of 17th Avenue.
Mr. Davis stated that he has communicated with the owner, Kevin
Hawkins, who agrees that it is an equitable addition to the
assessment roll since he did receive some land from the
abandonment.
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Lyons, to approve
the Final Assessment Roll for the paving of
15th Avenue between 2nd Street and 4th Street
in the amount of $17,323.85, with a due date of
90 days and an interest rate of 120.
Mr. Davis reported that this assessment was about $2.00 a
front foot lower than anticipated; they did not need drainage.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
Said assessment roll is on file in the Office of the Clerk.
76
L J
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Lyons, the Board unanimously
approved the Final Assessment Roll for the
paving of 16th Avenue between 2nd Street and
South Relief Canal in the amount of $22,050.37,
with a due date of 90 days and an interest rate
of 12%.
Said assessment roll is on file in the Office of the Clerk.
On MOTION by Commissioner Scurlock, SECONDED
by Commissioner Lyons, the Board unanimously
approved the Final Assessment Roll for the
paving of 17th Avenue between 2nd Street and
4th Street in the amount of $22,674.09. with a
due date of 90 days and an interest rate of
12%.
Said Assessment Roll is on file in the Office of the Clerk.
TRACKING STATION BIDS (Divisions II, IV, and V)
Commissioner Scurlock announced that he would file a
Conflict of Interest Statement, as follows, and he would
participate in the voting:
77 cc��
501( �'e) PAGE'4�! cr
�
MAY 4 �9��
BoaR w
FORM 4 MEMORANDUM OF VOTING CONFLICT
LAST NAME — FIRST NAME — MIDDLE NAME AGENCY is unitof: DATE ON WHICH VOTE OCCURRED
SCIJRLOCK, -TR May 4, 1983
MAILING ADDRESS DON r ❑STATE NAME OF PERSON RECORDING MINUTES
2138 20th Avenue 131COUNTY Virginia Hargreaves
CITY 2IP COUNTY TMDal5ERtrerVORDING MINUTES
Ver _ B h-Indian❑MUNICIPALITY �++ yy 1��11 1C
NAME OF AGENCY SPECIFY
Board of County Commissioners ❑OTHER
MEMORANDUM OF CONFLICT OF INTEREST INA VOTING SITUATION [Required by Florida Statutes §112.3143(1979) ]
If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to
your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest
below.
1. Description of the matter upon which you voted in your official capacity:
Awarding of Bid on irregation system
2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or
the special private gain of any principal by whom you are retained:
Manager of Irregation Ccmpany
i
i
3. Person or principal to whom the special gain described above will inure:
ia.0 Yourself b.@ Principal by whom you are retained: William Jordan Sprinkler System CO.
(NAME)
SIGNATURE
DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON
RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT
WHICH THE VOTE OCCURRED:
May 4, 1983
MA
FILING INSTRUCTIONS
This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person
responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be
filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict
of interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.917 (1979), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES
GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE
OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 08.000.
CE FORM 4 - REV. 12-79
78
The Board reviewed staff memo and recommendations:
TO: The Honorable Members of the DATE: April 25, 1983 FILE:
Board of County Commissioners
THRU: Michael wright,
County Administrator SUBJECT: Indian River Cont, Tracking Station
Recreation Area - Award of Bids -
Divisions II, IV, and V
FROM: James w. Davis, P. , REFERENCES:
Public Works Directo
DESaUPTION AND CONDITIONS
Bids were advertised beginning March 18, 1983 and received April 21, 1983 for
the Tracking Station Park. The County's agreement with the Florida D.N.R.
required that construction begin on or before June 30, 1983. The Bid Tabulation
sheets are attached.
Bidders responded by bidding on 3 of 5 Divisions. Bids were not received on
Division I - Building and Site work nor for Division III - Landscaping,
ALTERNATIVES AND ANALYSIS
The bid received for Division II - Dune Structures and Lifeguard Stand was below
the Engineering Department Preliminary Estimate. The bid bond, questionaire
and financial statements have been received. The bidder has performed work
in Indian River County and references are on file in the Public works Division
office. The low base bid for Division II is $61,936.12 as submitted by John
Hamilton and Sons, Inc., Grant, Florida.
Both bids received for Division IV - Irrigation System were below the Engineering
Department's Preliminary Estimate. The bid bond, questionaire, and financial
statement has been received from the low bidder, Sunnyland Irrigation of Jensen
Beach, Fl. The low bidder has performed minor work in Indian River County,
Reference checks have been.made. The results of such checks are on file in
the County Public [narks Division office. The Contractor has perform d a
substantial amount of work in Palm Beach County for various city govenumnts.
The low base bid for Division IV is $4,981 as submitted by Sunnylaxr; irrigaLiorl,
Jensen Beach and Lake Worth, Florida.
The Bids received for Division V - Paving and Drainage were below the Engineering
Department's Preliminary Estimate. nie bid bond and questionaire, has been
received from the low bidder, Dickerson, Inc. A Financial statement was not
submitted. The low bidder has performed substantial work for Indian River
County, and additional reference checks were not considered necessary. The
low bid using Soil -cement base was $58,489.37 as submitted by Dickerson, Inc,
Stuart, Florida.
Since bidders did not respond to Division I - Restroom Buildings and Site Work
and Division III - Landscaping, the Public Works Department is readvertising
this work, with Bids to be received Monday May 9, 1983.
79
I box 53 Put 415
a 53 F; t
Award of bid is contingent upon approval by the Florida Department of Natural
Resources under the FRDAP guidelines. Performance bonds are required, however,
a performance bond for Division IV - Irrigation, can -be waived by D.N.R. if
no Partial payments are made and Final payment be made after construction is
complete. The County would waive submittal by Dickerson, Inc., of a Financial
statement.
T
Funds in the amount of $92,500 have been established in Account # 102-210-572-
66.39. The County has received a reimbursible grant in the amount of $185,000
from the Florida D.N.R. '
Authority is requested to submit a copy of the Pre -Construction Certification,
Bid Tabulation, Bid Guarantee, and proposed contracts to D.N.R. for approval.
R XX24MMATIONS AND FUNDING
It is recommended that the following low bids be awarded subject to D.N.R.
approval:
Division Bidder Bid Amount
II - Dune Structures John Hamilton $ 61,936.12
Lifeguard Stand & Sons, Inc.
IV - Irrigation Base Bid Sunnyland Irrigation 4,981.00
V - Paving -and Drainage - Dickerson, Inc. 58,489.37
Soil -Cement Base
$125,406.49 P
Public Works Director Davis was very pleased to report that
the project seems to be coming in substantially below the monies
set .aside. He stated that he had submitted the Bid Tabulation
Forms to the Department of Natural Resources and did not
anticipate any problems. He .did not know whether the Board would
now want site lighting because of the earlier closing hours, but
the Board felt security lighting is needed.
Commissioner Scurlock commented about bonds being posted
lower than the amount needed to complete the project.
Attorney Brandenburg noted that we can require higher bonds;
the Board may require 125% of the bid amount or specify the
amount that will be acceptable, but that has to be done in the
bid package.
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Bowman, to award
Bids as follows, subject to D.N.R. approval:
Division II (Dune Structures, Lifeguard Stand)
to John Hamilton & Sons, Inc., in the amount of
80
$61,936.12; Division IV (Irrigation Base Bid) to
Sunnyland Irrigation in the amount of $4,981.00;
and Division V (Paving and Drainage, Soil -Cement
Base) to Dickerson, Inc., in the amount of
$58,489.37.
Commissioner Wodtke questioned the difference in the base
bid and the alternate submitted by Sunnyland Irrigation as he
felt the alternate should be a lesser price.
Mr. Davis explained that the alternate includes installing a
shallow well and pumping station.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
The Board of County Commissioners thereupon recessed at
12:10 o'clock P.M. for lunch and reconvened at 1:45 o'clock P.M.
with the same members present.
PUBLIC HEARING - REZONING C-lA to R-1 (Frank Schlitt)
The hour of 1:30 o'clock P.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
81
�� 19 aao 53 ?hc� 41 7
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter oi` 469,42e/" 6S 11
in the
lished in .said newspaper in the issues of��%-
Court, was pub-
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed befpre rt,# this �rday of ate/ A.D. 19 Z J
Manager)
(Clerk of the Circuit Courf, IndiirlAiver County, Florida)
(SEAL) "
Applicant Frank Schlitt was present,
information to add.
ba .5-3
NOTICE — PUBLIC NEARING
Notice of hearing to consider the following pro.
posal to rezone land from:
C -1A, Restricted Commercial District, to R-1,
Single -Family Residential District. The subject
;property, presently owned by Frank J. Schlitt, is
located on the north side of State Road 60, east
of SMh Avenue.
The subject property is described as:
The North 780.48 feet of the -following de-
scribed parcels:
Parcel 1:
The West 10 acres of the East 20 acres of Tract
7, Section 4, Township 33 South, Range 39 East,
according to the last general plat of lands of In-
dian River Farms Company, filed In the office of
the Clerk of the Circuit Court of St. Lucie County
in Plat Book 2, Page 25; sold land now lying and
being In Indian River County; and,
Parcel 2:
1 Beginning at the SE comer of the East 10 acres
lof the West 20 apes of Tract 2, Section 4, Town-
ship 33 South, Range 39 East, run East 23.7 feet;
,thence South to a point 50 feet North of the South
fine of Tract 7, which is 682.3 feet East of the SW
comer of Tract 7; thanes North to ftird-c141%in-
ning, according to the plat of lands of Indian
RhisrFarms Company. filed In the office of the
Clerk of the Circuit Court of Si Lucie County,
Florida, in Plat Book 2, Page 25; sold land now
j lying and being in Indian Rim Counly. Florida.
A Public I Irdered
and citizens shall have at which
op> ry to be
heard, will be held by the Board of County Com-
missioners of Indian River County. Florida, in the
County Commission Chambers of the County Ad-
ministration Building, located at 1840 251h Street,
Vero Beach, Florida, on Wednesday. May 4.1983,
at 1:30 P.M.
If any person decides to appeal any deWlon
made on. the above matter. he will used a record
of the proceedings and for such purposes, he
may need to ensure that a verbatim fecord of the
Proceedings Is made, which Includes -testimony
and evidence upon which the appeal Is based.
Indian Rim County . . ,--.•., s
Board of County Commissioners
By--s-Chairman Richard N. Bird
Apr. 15, 27,1983_ _ _ _ .
but had no new
Environmental Planner Challacombe reviewed staff memo, as
follows:
82
TO: DATE: FILE:
The Honorable Members March 29, 1983
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: SUBJECT:
atrick Bruce King, A P
T
THROUGH: Bob Keating, AICP
Planning & Zoning Mgr.
FRANK J. SCHLITT REQUEST
TO REZONE APPROXIMATELY
6.1 ACRES FROM C -1A, RE-
STRICTED COMMERCIAL TO
R-1, SINGLE-FAMILY RESI-
DENTIAL DISTRICT
FROM: 01 � REFERENCES:
Art Challacombe WORK02/Frank Schlitt
Environmental Planner Rzn
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting on May 4, 1983.
DESCRIPTION & CONDITIONS
The applicant is requesting to rezone 6.1 acres from C-lA,
Restricted Commercial, to R-1, Single -Family Residential
District, located on the north side of State Road 60,
approximately 2000 feet from the intersection of 43rd Avenue and
S.R.60.
On February 1, 1983, Frank Schlitt submitted an application for a.
residential subdivision of ten one-half acre lots. Upon review
of the application, the Community Development Division determined
that the subject property is zoned C-lA, Restricted Commercial,
rather than the R-1, Single -Family District presumed by the
applicant. The applicant desires to continue to develop the
proposed subdivision upon obtaining the proper zoning.
On March 24, 1983, the Planning and Zoning Commission voted to
recommend approval of the rezoning.
ALTERNATIVES & ANALYSIS
Land Use Analysis - In this section, an analysis of the existing
land use pattern will be presented -as well as a discussion of the
future land use as established in the Land Use Element of the
Comprehensive Plan.
Existing Land Use Pattern - The predominant land use type in the
general vicinity of the subject property is single-family
residential homes. Existing subdivisions in the area include:
1) Lake Park Subdivision
2) Executive Manor, Units 1 and 2-
3) Redstone Manor Estates
4) Healthland Subdivisions
5) Albrecht Grove Subdivision
6) Golf Acres Subdivision
The subject property is currently being utilized as a citrus
grove. Directly to the south of the property is a 1.82 acre site
containing a grove. Further to the south, fronting S.R.60, is
the West Side Branch of the First Citrus Bank, the proposed site
for the 4700 Office Complex, and the Ed Schlitt Agency.
North of the subject property is Executive Manor, Units 1 and 2
and Redstone Manor Estates. To the west of the property lies two
vacant parcels currently zoned R-1, Single -Family Residential
83
MAY 4 1983 51 res€ 419
MAY 4 1983 saaK ,FACE"2.0
District. Further to the west -is Lake Park Subdivision. To the
east is a single-family residence.
Future Land Use Pattern - The Comprehensive Plan designates the
property as LD -2, Low Density Residential (maximum of six
units/acre). The plan also depicts a 140 acre commercial node
located at the S.R.60 and Kings Highway intersection, extending
eastward to 43rd Avenue. While'it may be concluded'that the West
Side Bank, proposed 4700 Office Complex, and Ed Schlitt Agency
are part of this node, the surrounding area, as previously
stated, is predominantly existing single-family residential and
more appropriately lies within the LD -2 category,
Roads/Traffic - The primary access to this property is via 22nd
Street. A maximum of ten units in the subdivision as proposed by
the applicant would generate 100 Average Daily Trips and 11 Peak
Hour Trips. This level of traffic is not expected to create an
adverse impact to the existing street network.
Utilities - The County does not presently serve the subject
property with sewer and water. The proposed subdivision will be
served by individual wells and septic systems.
Environment - The subject property is not designated as
environmentally sensitive.nor is it located in a flood prone
area.
RECOMMENDATION
Based upon the above analysis, staff recommends approval.
Mr. Challacombe confirmed that the applicant incorrectly
assumed the zoning to be R-1 when it actually was C -1A and he
wishes the rezoning so that he may move ahead to develop the
subdivision.
The Chairman asked if anyone present wished to be heard.
William Bieschke informed the Board that he had a letter of
notification dated April 15th, but not postmarked and received
until early in May. He believed the County as a courtesy does
notify surrounding land owners.
Chairman Bird explained that by County policy a sign is put
on the subject property and surrounding owners within 300' are
notified. He did not understand how the timing Mr. Bieschke
complained of occurred and agreed there should be more lead time.
Mr. Bieschke brought up the matter of ingress and egress and
was informed that this is a site plan consideration.
It was determined that no one further wished to be heard.
84
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Lyons, the Board unanimously
closed the public hearing.
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Lyons, to adopt
Ordinance 83-19 rezoning to R-1 as re-
quested by Frank Schlitt.
Further discussion ensued regarding the timing involved in
notifying adjacent owners and the fact that this actually is done
as a courtesy. Administrator Wright believed that Mr. King will
see that this notification is done in a timely fashion in the
future.
Commissioner Bowman commented that although she is not happy
about having a well and a septic tank on half acre lots, but she
would vote for the rezoning.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
85
MAY 41993
box 53 PAGE 421
MAY 4 1983 F,, ,
.�
WAS, the Board of County Commissioners of Indian River County,
Florida, did publish and send. its Notice of Intent to rezone the
hereinafter described property and pursuant thereto held a public
hearing in relation thereto, at which parties in interest and citizens
were heard; NOW, M REFORE,
BE IT OF4 AIM by the Board of County Commissioners of Indian River
County, Florida, that the Zoning Ordinance of Indian River County,
Florida, and the accompanying Zoning Map, be amended as follows:
1. That the Zoning Map be changed in order that the following
described property situated in Indian River County,
Florida, to -wit:
The North 780.48 feet of the following described parcels:
Parcel 1:
The west 10 acres of the East 20 acres of Tract 7, Section 4,
Township 33 South, Range 39 East, according to the last general
plat of lands of Indian River Farms Company, filed in the office
of the Clerk of the Circuit Court of St. Lucie County in Plat
Book 2, Page 25; said land now lying and being in Indian River
County; and,
Parcel 2:
Beginning at the SE corner of the East 10 acres of the West 20
acres of Tract 2, Section 4, Township 33 South, Range 39 East,
run East 23.7 feet; thence South to a point 50 feet North of the
South line of Tract 7, which is 682.3 feet East of the SW corner
of Tract 7; thence North to Point -of -Beginning, according to the
plat of lands of Indian River Farms Company, filed in the office
of the Clerk of the Circuit Court of St. Lucie County, Florida,
in Plat Book 2, Page 25; said land now lying and being in Indian
River County, Florida.
Be changed. from C -1A, Restricted Commercial District, to R-1,
Single -Family Residential District.
All with the meaning and intent and as set forth and described
in said Zoning Regulations.
-Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this 4t14lay of May , 1983.
BOARD OF COUNTY COWUSSIONERS
OF INDIAN RIVER COUNTY
BY:
Richard N. Bird
Chairman
86
PRELIMINARY PLAT APPROVAL - WOOD HOLLOW SUBDIVISION
The Board reviewed staff memo and memo of Utility Director
Pinto, as follows:
TO: The Honorable Members DATE: April 14, 1983 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT:
Patrick Bruce King, ICP
PRELIMINARY PLAT
APPROVAL OF WOOD HOLLOW
SUBDIVISION
FROM: Clare Zimmerman REFERENCES:
Planner I
It is requested that the information presented herein be given
formal consideration by the Board of County Commissioners at
their meeting on May 4, 1983.
DESCRIPTION & CONDITIONS
The proposed Wood Hollow Subdivision is located on the south side
of 5th Street, S.W. (Rebel Road), west of 27th Avenue. The
development is ± 20.7 acres in size and is divided into 32 lots,
each of which is ± .5 acres in size. The building density of the
proposed development is 1.5 dwelling units/acre. The subject
property is zoned R-1, Residential (6 dwelling units/acre
allowable building density) and has a LD -1, Low Density
Residential (3 dwelling units/acre) land use designation. All
streets and drainage and utility easements are to be dedicated to
the public. As proposed, the development will have individual
wells and septic tanks.
ALTERNATIVES & ANALYSIS
The applicants have complied with all County regulations and
staff recommendations, with one exception. Staff has recommended
that the proposed subdivision be connected to the County's water
system, rather than relying on individual wells.
The development could be connected to County water lines at
either the intersection of 20th Avenue and 5th Street, S.W.
(Rebel Road) or at Ixora Park, which is on 27th Avenue north of
5th Street, S.W. The first option would require installation of
approximately 3260 linear feet of pipe. The second option would
require installation of 2120 linear feet of water line. The
Utilities Division has recommended that the diameter of the pipe
be at least 6" in size. The developer would be responsible for
running a line from either of these points to the subject
property, as well as installing water lines within the subdi-
vision. The Utilities Division has stated that the subdivision
developer is responsible for preparation of cost estimates and a
construction proposal in support of this recommendation.
RECOMMENDATION
Staff recommends that preliminary plat approval be granted to
Wood Hollow Subdivision subject to the condition that the
subdivision be connected to the County's water system.
MAY 4 1983 87 �ac�x 53 pnt 423
r MAY 4 1993
TO. Michael Wright
County Administrator
Doo Fay r ;
DATE: May 3, 1983 FILE:
SUBJE ;T: WOOD HOLLOW SUBDIVISIOi%
� 0
b. ...into � _
Utility Services Director
This subdivision located on Rebel Road owned by Mr. Hensick is coming before
the Board on May 4, 1983 for approval.
The Utilities Department had requested that approval be given subject to s
requirement that subdivision be connected to County water.
I am requesting that this requirement be withdrawn and that the question of
aa:.e: supply be addressed by the Utilities Department and developer at a
Maier date.
.Jerefoi z , I would no;; make this a requirement for approval of subdivision.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Scurlock, the Board unanimously
granted preliminary plat approval of Wood Hollow
Subdivision with staff recommendation amended as
suggested by Utilities Director Pinto dated
5/3/83.
APPOINTMENT OF MERRILL RUSS TO SOUTH COUNTY FIRE ADVISORY BOARD
The Board reviewed staff memo and attached resume of Merrill
Russ. Said memo is as follows:
-e
TQ Richard N. Bird , DATE: Apri 1 19, 1983 F1 LE: �
Chairman
SUBJECT: South County Fire.
Advisory Committee
FROM: Alice E. White REF RENC`S:
Victor Hart called this morning. Gifford's nominee for
the South County Fire Advisory Committee to fill the,
position vacated by Dr. Eddie Hudson's resignation is
Merrill A. Russ
1720 38th Lane
Vero Beach, Florida 32960
mome 3sone - 667-3892
Counse.-,r at Vero Beach Hign School 77,
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Lyons, the Board unanimously
appointed Merrill A. Russ to the South County
Fire Advisory Board to fill the vacancy created
by the resignation of Dr. Eddie Hudson.
RENEWAL OF OPERATING PERMIT FOR LANDFILL
Utility Director Pinto reviewed the following memo:
89
MAY 4 1983 53 Act 425
MAY 4 1933
TO: The Honorable Members of the DATE: April 26, 1983 FILE:
Board of County Commissioners
Through: Michael Wright
County Administrator
FROM: r�ce*. Pinto
Utility Services Director
DESCRIPTIONS AND CONDITIONS:
SUBJECT: RENEWAL OF OPERATING
PERMIT FOR LANDFILL
T
REFERENCES:
Indian River County through our consultant, Post, Buckley, Schuh and Jernigan,
has applied for renewal of the operating permit for the Indian River County
Landfill. The renewal of permit was based on the original design and operating
practices of the Landfill in accordance with the Department of Environmental
Regulation.
Due to the fact that the Department of Environmental Regulation design require-
ments and operating practices have drastically changed since the initial design
of our Landfill, the Department of Environmental Regulation is issuing Notice
of Intent to Deny the renewal of the operating permit.
ALTERNATIVES AND ANALYSES:
The present state law requires the Department of Environmental Regulation
to issue or deny the issuance of the operating permit within ninety (90) days
after the application has been accepted. However, there is a provision that
the County may waive their rights under Section 120.60(2), Florida statutes.
This waiver relieves the State of the requirement to make a decision within
the ninety (90) day time period.
After this waiver is granted,. the County will be in a position to review the
present requirements for design and operation and discuss with the Department
of Environmental Regulation the possibility or necessity of revising the design
and operational procedures of the Landfill.
The action taken by the Department of Environmental Regulation to inform us
of the denial does not come as a surprise because we are aware of their require-
ment to approve or deny application for permit within ninety (90) days after
receipt of application.
Itis important to note that Indian River County Landfill has operated in
full compliance with the provisions of its original operating permit.
RECOMMENDATION:
It is my recommendation that the Chairman be authorized to sign the request for
waiver of the ninety (90) day time limit and because of the fact of possible
redesign requirements, request the extension to be for one hundred twenty (120)
days.
Mr. Pinto noted that the DER after receiving the request for
waiver, would then rescind the intent to deny and we could
continue within the time limit allowed.
90
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Scurlock, to
authorize the Chairman to sign the DER
request for waiver of the ninety (90)
day time limit.
Commissioner Scurlock commented that when we transferred
from one DER District to the other, it was indicated we would
receive the same level of service; we based our plans on what
was approved at that time, and he objected to someone coming in
later and changing those rules. In further discussion, it was
noted that when we opened our Landfill it was supposed to be a
model for the state.
Mr. Pinto made the point that these regulations have changed
statewide. He explained that what the D.E.R. is doing is trying
to anticipate a problem that may occur 10 years down the road
when the trash has absorbed as much water as it can and starts to
leach out. He believed the D.E.R.'s concerns are the same as
ours, and if someone could prove there definitely would be a
problem, we would not want to take the risk of polluting the
aquifer. That, however, has not been proven so far.
Commissioner Scurlock agreed, but stated that it bothers him
that because of an idea that is not really provable, they change
the rules.
Mr. Pinto noted that the DER will present their reasoning
for wanting to make these changes at the hearing.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
91
MAY 4 1983
aoa 53 427
r. J
MAY 41993
boa 53 mc;
NUVER OF 90 DAY TIME LIMIT.
UNDER SECTION 120.60 (2) , FLORIDA STATUTES
License (Permit, Certification) Application rlo. Spm 54(permit_ #Sn__31_4556)
Applicant's Name: INDIAN RIVER COUNTY SANITARY LANDFILL
The undersigned has read Section 120.60 (2), Florida Statutes, and fully understands
the Applicant's rights under that section.
With regard to the above referenced license (permit, certification) application, the
Applicant hereby with full knowledge and understanding of (his) (her) (its) rights
under Section 120.60(2), Florida Statutes, waives the right under Section 120.60(2),
Florida Statutes, to have the application approved or denied by the State of Florida
Department of Environmental Regulation within the 90 day time period prescribed in
Section 120.60 (2), Florida Statutes. Said waiver is made freely and voluntarily by
the Applicant, is in (his) (her) (its) self-interest, and without any pressure or
coercion by anyone employed by the State of Florida Department of Environmental
Regulation.
This waiver shall expire on the 6th day of September , 83
The undersigned is authorized to make this waiver on behalf of the applicant.
/ Z/O ��
Signature
Richard N. Bird, Chairman
Board of County Commissioners,
Name . low '
Commissioner Lyons brought up once again the possibility of
producing power at the Landfill. He noted. that it might be a
losing proposition on a short term basis, but it might be a plus
on a long term basis.
Administrator Wright commented that after negotiating with
the DER, he would be coming back with a proposal with what to do
with the second cell, etc.
Commissioner Scurlock expressed concern about the County
Landfill being used up more rapidly because clean fill material
is being put in with the other. He felt it doesn't make much
sense to take vegetation that will decompose and pile it with the
rest, and that some effort should be made to separate these
things.
92
I
COUNTY PROPERTY TO BE DISPOSED OF
The Board reviewed the following memo:
TO: The Honorable Members of the 'DATE: April *26', 1983 ' FILE:
Board of County Commissioners
Through: Michael Wright
County Administrator
e�n�U. Pinto
FROM: Utility Services Director
DESCRIPTION AND CONDITIONS:
SUBJECT: COUNTY PROPERTY TO BE DISPOSED OF
REFERENCES:
From the list of County property to be disposed of, Russell Concrete, Inc.,
has made a formal bid to purchase Parcel"A".
ALTERNATIVES AND ANALYSES:
The County will reserve easement rights for utilites which are described in
the Notice of Sale of Real Estate. This property is not of any other benefit
or service to the Utility Department.
RECOMMENDATION:
The staff recommends the acceptance of the bid from Russell Concrete, Inc.,
subject to easement rights reserved. Tommy Thomas, Community Services Dibector,
is in concurrence with this recommendation.
s
Board of County Commissioners
1840 24th Street
Vero Beach, Florida 32960
ATTENTION: Chairman Dick Bird
Pursuant to Indian River County invitation to bid
notice dated March 31, 1983, (notice and description
of property attached) please accept this as a formal
bid from Russell Concrete, Inc.
Bid Price: $2,609.00 (Two thousand six hundred nine
dollars)
RUSSELL CONCRETE, INC.
G. W. S ha t Pres. -
ATTACHMENTS: Notice of s ale�
/.,
93
box U3 -P
.MAY 4193 d
MAY 41993
NOTICE OF SALE OF REAL ESTATE
T
BOOK 53 FAcE 43-0
Pursuant to Florida Statute 125.35, the Board of County Commissioners
of Indian River County, Florida will accept written bids to the hour
of 10:00 o'clock A.M. Monday, April 25,,1983, in the Commission
Chambers, Board of County.Commissioners,. Indian River County, Florida
for the cash purchase of the following described County property: �'
Commencing at the Northeast corner of the Southeast Quarter
of the Northwest Quarter of Section 12, Township 33 South,
Range 39 East as recorded in Deed Book 109, Page 369, more
particularly described as: thence run west along the 40
acre line a distance of 830.17 feet to a point<of beginning:
From point of beginning, continue west'>along aforesaid 40-...
acres line a distance of 30 feet to a.point, thence run
North for O°, 22 minutes east a distance of 209.96 feet to
a point, thence run east a distance of 30 feet to a point, "
thence run South O°, 22 minutes west a distance of 209.96
feet to point of beginning.
Said described area containing 0.15 acres more or less.
ALSO: Subject to the reservation of an easement for
installation, location, and maintenance of
utilities across the east 15 feet of the above
described property.
ALSO: Subject to the reservation of an area for main-
tenance.and servicing of the above described
utility easement, more particularly described
as the West 5 feet of the East 20 feet of the
subject ,property -
The Board of County Commissioner's reserve the right to reject any
or all of the bids and make awards in any manner which the Board
considers to be in the best interest of Indian River County, Fla.
All bids shall be for a cash purchase, in writing by legal descrip-
as listed above, and shall include a check payable to Indian River
County for ten percent (101/6) of the bid price with the balance
due five (5) days after acceptance, submitted in an envelope
securely sealed and marked on the outside "SEALED BID FOR COUNTY
LAND - APRIL 25, 1983 at 10:00 o'clock A.M". Bids may be mailed
or delivered to the Office of the Board of County Commissioners,
Indian River County Courthouse, 1840 - 25th Street, Vero Beach,
Florida 32960. Proposals received after 10:00 o'clock A.M.,
April 25, 1983 will be returned unopened.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY: Dick Bird, Chairman
94
d
in
o't
FENCE
aO A L/NE
EL aV..
TANK
OLO /<!JD - .cI OR/DA t
7*Iq ATMEN T I°14 A v r
y
p PARC -Ls g
� � p
t� Al
O./2 Ac. m
'"if
OLO
M/O - FLOR/QA
TRE. 7'1``6 V T PLANT S/ TE
To u's.
2O' ESM'r.. l
LANE.. Pus, -t-, �nD
Community Services Director Thomas confirmed the recommenda-
tion to sell as the County has no need for this property.
Commissioner Scurlock brought up the question of where the
money received for the property would go, and it was agreed that
it should go into the Utilities Department.
95
MAY 4 1983 sec 53 P ct 431
MAY 4 1993
OK p ry
,' 12
ON MOTION by Commissioner Wodtke, SECONDED
by Commissioner Lyons, the Board unanimously
accepted the Bid of Russell Concrete, Inc.,
for the property described in the Notice, the
proceeds to go into the Utilities Department
account.
PROPOSED COMPREHENSIVE PLAN AMENDMENT PROCEDURES & FEE SCHEDULE
Planning Manager Bob Keating reviewed the following staff
memo:
TO: The Honorable Members of DATE: April 12, 1983 FILE:
the Board of County Commissioners
DIVISION HEAD CONCURRENCE:
•. PROPOSED COMPREHENSIVE
SUBJECT: PLAN AMENDMENT
PROCEDURES, INCLUDING
Patrick Bruce King,'AICP RECOMMENDED FEE SCHEDULE
FROM: Bob Keating, AICPa'�( REFERENCES:
Planning & Zoning
Department Manager
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of May 4, 1983.
DESCRIPTION & CONDITIONS
A necessary component of any adopted plan is a mechanism or
procedure by which the plan can be amended to reflect oversight,
inconsistencies, changing conditions, or other characteristics.
As specified in the Indian River County Comprehensive Plan, the
amendment process must be undertaken once each year beginning in
January. Other than establishing a time frame for initiating
this process, however, the Comprehensive Plan provides no further
details on how the process should be administered.
Since the Comprehensive Plan serves as a guide for future growth
and development in the County and provides a basis for
establishing zoning classifications and land development
regulations, it is necessary to develop a specific set of
procedures for amending the Plan. For that reason, the staff has
prepared a proposed set of comprehensive plan amendment
procedures, including a specific time frame and a fee schedule.
The attached procedures address the three different types of plan
amendments defined by the Local Government Comprehensive Planning
Act. Based upon statutory requirements and general staff review
criteria, these draft procedures define necessary actions, assign
staff responsibility, and establish time constraints for the
96
comprehensive plan amendment process. Not only will the
procedures serve as a review guide for the staff; they will also
provide potential applicants for plan amendments with -a specific
delineation of the review process.
Included as part of the draft amendment procedures is a proposed
fee schedule for comprehensive plan amendment requests. Since
one of the three types of amendments involves a mandatory review
and update of the Plan by the County, no fee was set for that
type of amendment. For both types of amendments involving the
future land use element of the Plan, however, fees have been
proposed. The basis for developing these fees was the existing
County fee structure as well as time and cost estimates for
reviewing and processing amendment requests.
At their meeting of April 14, 1983, the Planning and Zoning
Commission considered the draft Comprehensive Plan Amendment
Procedures and the proposed fee schedule. Based upon their
review, the Planning and Zoning Commission recommended that the
Board of County Commissioners adopt the Comprehensive Plan
Amendment Procedures and the fee schedule as proposed.
ALTERNATIVES & ANALYSIS
The comprehensive plan amendment review procedures, as proposed,
reflect the requirements of Chapter 163.3191, Florida Statutes.
By mandating reviews, public notice, public hearings, and other
actions, state law reduces the County's alternatives for
developing amendment procedures., There are, however,
alternatives for developing a fee structure for amendment
requests.
Since the Local Government Comprehensive Planning Act does not
address plan amendment fees, the County is not required to adopt
fees. To recover a portion of the County's costs for reviewing
proposed plan amendments, however, the staff has developed a fee
schedule based uponestimates of staff time and costs associated
with amendment request reviews and also based upon existing fees
charged by the County for comparable review activities. Varying
by the amount of land area involved in the amendment request, the
proposed fees only reflect a part of the County's cost, but they
differentiate between amendments for large and small sites and
should reduce frivolous amendment requests. While the staff
supports the fee structure proposed, otheF alternatives range
from no fees to fees which would reflect a higher percentage of
the County's cost to review and process proposed amendments.
It is the staff's opinion that the draft amendment procedures
meet the applicable state requirements, correspond to
Comprehensive Plan mandates, and establish an adequate guide for
staff review of amendment requests.
RECOMMENDATION
The staff recommends that the draft Comprehensive Plan Amendment
Procedures and the proposed fee schedule be adopted by the Board
of County Commissioners.
Mr. Keating went into considerable detail explaining how
staff arrived at these procedures and suggested fees and the
factors considered in arriving at them. He noted that the
Planning & Zoning Commission has reviewed the amendment proced-
ures proposal and fee schedule and recommended adoption of both.
97
MAY 41983 � d
MAY 4 199
The Commission congratulated the Planning & Zoning staff on
a job well done. "
Question then arose as to whether the procedures as outlined
preclude a change to the Comprehensive Plan any time of the year
except in January, and Mr. Keating confirmed that is what is
intended; the Plan states that changes will be considered only
once a year.
Community Development Director King noted that this year
they are running behind schedule and are only ready now to start
the amendment process. Next year it is the intent to initiate
the process very close to January 1st. Mr. King reported that
they have approximately 20 cases where people have indicated
they wish to present amendment applications and that is why they
felt it was critical to get specific procedures set up.
Commissioner Lyons noted that, in other words, this year
anything that comes along is considered as being of January 1st,
and Mr. King stated that the notice will state that we will
accept applications for a definite time period (2-3-4 weeks) as
they do not want the process to go on all year.
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Bowman, to adopt
Resolution 83-37 establishing procedures and
fee schedule for amendments of the Comprehen-
sive Plan.
Peter Robinson, President of Treasure Coast Builders
Association, stated that basically he agreed with what has been
presented, but felt the requirement to consider amendments only
once a year in January could cause a problem for land owners of
tracts of 5 acres or more. He felt such land owners would not
ask for an amendment unless somebody wanted to buy their land,
and if it is necessary to wait until January, they could lose a
sale.
W
Attorney Brandenburg commented that the January date was set
by Ordinance, but it could be changed.
Considerable discussion followed regarding the time frame
involved, and as to whether the Commission can initiate an
amendment to the Plan rather than a land owner, and if so,
whether it would have to be in January.
Mr. King noted that the Plan states that only the Land Use
Element will be amended on an annual basis and the other
elements, according to State Statute, every five years, but he
believed if the Commission should choose to amend the Land Use
Element or any other element, they would have the authority to
initiate that action at any time of the year. He continued that
amendments which involve more than 5% of the County land are
generally County initiated, but felt the Commission could
initiate amendments concerning smaller areas.
Attorney Brandenburg confirmed that the Board could initiate
such action.
Question arose as to whether the two week period allotted
for receiving Comprehensive Plan amendment requests yearly is not
overly restrictive.
Attorney Brandenburg informed the Board of the rationale
behind the time frame, pointing out that if everyone who came in
with a zoning that is inconsistent with the Plan were allowed to
ask for an amendment at any time during the year, we would be
defeating our purpose.
Mr. King felt staff will be able to determine better whether
two weeks is a sufficient period after they go through this
process once. He emphasized that each of these requested
amendments will require a lot of staff analysis.
Commissioner Scurlock agreed that the Comprehensive Plan is
a document which we don't want to change too frequently in any
event.
Question next arose as to the amount of land that exceeds 50
of the County, and Staff Planner Zimmerman believed that 28.94
99
4
53 PAL 435
MAY 193
square miles would represent 5% of the land area of the entire
county.
Commissioner Wodtke wished to know if this 5% includes
the municipalities, and Commissioner Lyons asked that staff
prepare a memo as to the acreage that would be involved in the
5% figure.
THE CHAIRMAN CALLED FOR THE QUESTION. It
was voted on and carried unanimously to adopt
Resolution 83-37.
(THE ATTACHED 20 PAGES OF THE AMENDMENT PROCEDURES
AND FEE SCHEDULE ARE MADE A PART OF THE OFFICIAL
RECORD, AS FOLLOWS:)
100
RESOLUTION 83 - 37
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR
COMPREHENSIVE PLAN AMENDMENT PROCEDURES AND
ESTABLISHING A FEE SCHEDULE FOR PLAN AMENDMENT
REQUESTS.
WHEREAS, the Indian River County Comprehensive Plan has
been adopted by the Board of County Commissioners according to the
requirements of the Local Government Comprehensive Planning Act;
and
WHEREAS, it is necessary to establish a mechanism for
amending the Comprehensive Plan, and to develop a set of proce-
dures for reviewing amendment requests, and to enact a fee
schedule for proposed amendments; and
WHEREAS, attached Exhibit A provides for a mechanism, a
set of procedures, and a fee schedule for amending the Plan which
is consistent with the requirements included within the Local
Government Comprehensive Planning Act relating to amendment of
local plans; and
WHEREAS, the Indian River County Planning and Zoning
Commission at their regular scheduled meeting of April 14, 1983,
did formally approve the Comprehensive Plan Amendment Procedures
and the fee schedule included within attached Exhibit A and did
recommend the procedures and fee schedule to the Board of County
Commissioners for adoption.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. The foregoing recitals are acknowledged and
ratified.
2. The Board of County Commissioners hereby approves
those procedures for amendment of the County's
Comprehensive Plan set forth in the attached
Exhibit A and establishes fees for such procedures
as indicated therein.
This 4th day of May , 1983.
Board of County Commissioners
of Indian River County, Florida
By:
Richard N. Bird, Chairman
ATTEST:
no poll
1 :) Approved 'o rn
and leg fii er
Freda Wright, Cle
�q B
M. Brandenbu
o ty Attorney ,
�e
,u>
MAY 41983
arc PAS X37
MAY 4 1993
BOOK C53 P,1uF
COMPREHENSIVE PLAN AMENDMENT PROCEDURES
INTRODUCTION:
The Indian River County Comprehensive Plan requires that County
initiated plan amendments and individual citizens' plan
amendment requests be considered once a year, in January. The
following sets of procedures for this process have been
prepared by the Planning Department. These procedures outline
the steps which are to be taken in the amendment process,
including a timetable for completing all of the required plan
amendment activities.
TYPES OF AMENDMENTS:
In amending the Comprehensive Plan there are several categories
of types of amendments -delineated by the Florida Statutes.
Each of these types of amendments requires a different
amendment procedure. The amendment categories are:
I)- Amendments of any element other than.the-future land use
element of,,the Comprehensive Plan
2) Amendments of the future land use element which comprise
less than 5% of the County's total land area.
3) Amendments of the future land use elemeAt which comprise
'more than 5% of the County's total land area.
The fact that there are these different types of amendments
with different intents makes it necessary for the Planning
Department to develop different sets of administrative
procedures in order to initiate or process the various
amendment requests.
The first type of amendment is legally required by the State of
Florida to take place at least every five years, after the date
of Comprehensive Plan adoption. Florida Statutes 163.3191
"Evaluation and appraisal of Comprehensive Plan" lists those
criteria which shall be used to evaluate existing plan
elements. According to the Florida Statutes, "The report shall.
represent an assessment and evaluation of the success or
failure of the Comprehensive Plan or element or portion
thereof." Included in the analysis should be:
1) The major problems associated with development including
physical deterioration, land use changes and economic and
social impacts.
2) The condition of each element in the Comprehensive Plan at
both the date of plan adoption and the date of plan
revision.
3) A comparison of the plan's stated objectives and the plan's
results at the date of revision.
4) The extent to which unanticipated or unforeseen problems
have affected the planning jurisdiction between the time of
plan adoption and.plan revision.
The second type of plan amendment, a specific amendment,
involves changes affecting less than 5% of the County's land
area. This amendment process will usually be initiated by
individual landowners wishing to change the land use
designation of their individual parcels. However, the County
may also opt to change the land use designation of various land
-1-
e
areas in the County. The procedures for this are listed in the
"Land Use Amendment Control Sheet" and "Procedures for Land Use
Amendment of Small Parcels". This type of plan amendment will
be processed in January, concurrently with any other plan
amendments which are being considered by the Board of County
Commissioners.
The third type of plan amendment delinea'ted.in the Florida
Statutes involves changes to the land use element of the
Comprehensive Plan affecting more than 5% of the total land
area of the County. In cases where more than 50 of the
County's total land area is involved, more than one public
hearing is required before the amendments can be adopted.
,However, the other statutory requirements are similar to the
procedures for amending all other elements of the Comprehensive
Plan.
-2-
AY 41983 BOX 53 a4"'.39
MAY 4 193 �:.
,
AMENDMENT TO ELEMENTS OTHER THAN THE FUTURE LAND USE ELEMENT
PROCEDURE:
For Amendment of any Element of the Comprehensive Plan other than
the Future Land Use Element.
PURPOSE:
The following steps outline the procedural requirements which are
to be followed by the Indian River County Planning Department
when the County's Comprehensive Plan is amended. These adminis-
trative procedures are to be followed when any element other than
the future land use element of the Comprehensive Plan is amended.
These procedures represent the minimum requirements outlined in
Chapter 163.3187 "Amendment of adopted Comprehensive Plan" in the
Florida Statutes. Updates of the Comprehensive Plan are statuto-
rily required to occur at least every five years. However, each
element may be updated at lesser intervals, either separately or
simultaneously with other element updates.
STEP l: STAFF PLANNER:
The Staff Planner responsible for formulating plan amendments
should contact all other County divisions on November 1st of each
calendar year, prior to the Planning Department's public
advertisement of its intent to amend the plan, in order to
inquire whether they intend to propose any plan amendments. The
deadline for accepting other divisions' plan amendment
recommendations is January'lst of each year, before the planning
staff begins formulating the amendment proposals which it intends
to recommend to the Planning and Zoning Commission and Board of
County Commissioners.
STEP 2: STAFF PLANNER:
The Planner responsible for amending the Comprehensive Plan
should also -contact each staff planner who is responsible for a
planning area and request that they prepare plan amendment
recommendations for the plan elements which are related to their
area of expertise. It should be requested that these
recommendations be submitted to the planner responsible for plan
amendments at the same time as, or before, the plan amendments
from outside divisions are submitted. The Florida Statutes
requirements for those questions which must be addressed when the
plan is amended should be consulted by each planner before their
recommendation is submitted. The request for this information
should be made on January 1st of each year, in conformance with
the Comprehensive Plan's requirement for annual amendment of the
plan.
STEP 3: STAFF PLANNER:
After reviewing all plan amendment recommendations, the Planner
responsible for plan amendments should evaluate the amendment
proposals submitted by all County staff members. The criteria
which should be used in evaluating each amendment proposal
includes the following:
1) Is the proposed amendment in conformance with all the
laws of the State of Florida and Indian River County?
2) Is the proposed amendment in conformance with the intent
of the County's Comprehensive Plan?
3) Will the proposed amendment require changes in other
elements of the plan in order to avoid conflicting
statements or goals throughout the plan?
-3-
4) For what reason is the amendment being prepared? Has
updated data been made available, or has a change in
County policy necessitated a concomitant change in the plan?
5) Were the stated objectives of the plan element met by
that element or will amendment of the Plan element
facilitate its meeting the objectives more fully?
6) How has development in the County affected the
contents of the plan element? Has this development (or
lack thereof) necessitated a change in the Comprehensive
Plan?
STEP 4: STAFF PLANNER:
After evaluating the amendment recommendations, the planner
should prepare proposals to be presented to the Planning and
Zoning Commission.
STEP 5: STAFF, PLANNING AND ZONING MANAGER & COMMUNITY
DEVELOPMENT DIRECTOR:
These proposals should be submitted to the planning staff for
review and comment and to the Planning and Zoning Manager and
Community Development Director for their review and approval.
STEP 6:
STAFF PLANNER:
After the Planning Department of the Community Development
Division has formulated the amendments to the County's Comprehen-
sive Plan which it intends to propose, a date for a public
hearing at a Planning and Zoning Commission meeting on the
amendments should be set.
STEP 7: PLANNING TECHNICIAN:
Notice of the hearing date, time, place and the purpose of the
hearing should be published by the Planning Department at least
twice in a local newspaper. The first publication should be not
less than 15 days prior to the date of the hearing and the second
should be at least five (5) days prior to the hearing.
STEP 8: PLANNING AND ZONING COMMISSION:
The Planning and Zoning Commission should next hold -a public
hearing to discuss the proposed amendments. At this meeting the
Planning and Zoning Commission should adopt a recommended set of
amendments.
STEP 9: STAFF PLANNER:
After the Planning and Zoning Commission has adopted a proposed
set of plan amendments, copies of these amendments should be sent
to the State Department of Community Affairs, the Treasure Coast
Regional Planning Council and any other governmental agency which
has filed a request to receive copies of the amendment for their
review.
STEP 10:
STAFF PLANNER:
The Planning Department should wait to receive written review
comments from the State, TCRPC and other reviewing agencies. The
State and TCRPC should submit review comments to the County
within 60 days, unless the County has agreed to a longer review
period.
MAY 4 198"1
-4-
box 53 FAA 1.
MAY
4193tax
Fc
STEP 11: STAFF PLANNER:
If the State, TCRPC or any other governmental reviewing agency
submits any objections to the amendments in their review comments
to the County, the County must reply to these comments within
four weeks. The County may -not adopt the plan amendments until
two weeks after it has sent this letter to either the State or
TCRPC. These review comments and the County's replies to them,
shall become a permanent part of the public record..
In adopting plan amendments, the County Commission may adopt
amendments which do not necessarily reflect the State or TCRPC's
review comments after considering them.
STEP 12: STAFF PLANNER:
The planner responsible for amending the Comprehensive Plan
should analyze the review comments submitted by the State and
TCRPC, as well as the recommended plan amendments to see if
modifications should be made before the Board of County
Commissioners considers the amendments. Once this has been
completed, the staff planner should prepare the plan amendments
as Board of County Commissioners agenda items and present them
to the Board of County Commissioners at their next meeting.
STEP 13: BOARD OF COUNTY COMMISSIONERS:
After receiving and considering the review comments in the manner
outlined above, the Board of County Commissioners shall consider
the proposed amendments and may adopt them by a majority vote of
the total membership of the Commission.
-5-
LAND USE PLAN AMENDMENTS FOR INDIVIDUAL PARCELS
PROCEDURE:
For Adoption of Amendments to the Comprehensive Plan which
involve less than 5% of the total land area of Indian River
County.
PURPOSE:
The following steps outline the procedural requirements which
are to be followed when the land use designation of individual
parcels of land, which comprise less than 5% of the County's
total land area, are changed. These procedures are as per the
requirements listed in Florida Statutes Chapter 163.3187
"Amendments of Adopted Comprehensive Plan." Requests for an
amendment to the Land Use Element of the Comprehensive Plan
shall be heard by the Board of County Commissioners once a
year concurrently with any other Comprehensive Plan amendments
that might be taking place as stated in the Land Use Element of
the Comprehensive Plan. This amendment process is to begin on
January lst of each year.
STEP 1: STAFF PLANNER:
Should publish a notice stating that the. Planning Department is
accepting applications for amendments to the Land Use Element
of the Comprehensive Plan (see Attachment A). Also, all
persons who have contacted the Planning Department about
amending the Comprehensive Plan should be sent an application
form with a letter outlining the amendment process and
timetable.
STEP 2: PLANNING SECRETARY:
Accepts application, starts a file and logs in application for
land use amendment. Cross-referenced cards corresponding to
the file should be typed and placed in the card catalog boxes.
(See Attachments B & C for forms).
STEP 3:
STAFF PLANNER:
The Staff Planner who is responsible for evaluating land use
amendment requests should check the application for adequacy.
An application will not be considered complete until the
following items have been submitted:
a) Letter of authorization (if applicant is other than the
owner) .
b) Verified statement naming every individual having legal or
equitable ownership of the subject property.
c) Warranty deed.
d) Title insurance or Attorney's opinion of title.
e) Sealed survey of property which also shows the surrounding
and adjacent land uses within 300' of property. The
surrounding land uses do not need to be surveyed, rather
their names need only be recorded on the survey.
f) Proposed land use.
g) Existing zoning of parcel.
h) Fee.
DSK 53� pAa 4 3
r MAY 41983
STEP 4: STAFF PLANNER:
53 ul .,
The planner should review the application to see if the
proposed land use conforms to the existing zoning. If it does
not, the planner should forward a rezoning application to the
applicant, so that -the rezoning and land use amendment requests
can be processed concurrently.
STEP 5: STAFF PLANNER:
If a rezoning is necessary, the planner responsible for review-
ing rezonings should be informed by the planner working on plan
amendments that the rezoning application is being submitted
simultaneously with a land use amendment request. This is to
allow the rezoning planner to schedule the review process and
required public hearings simultaneously with the land use
amendment request.
STEP 6: REZONING PLANNER:
The planner who is responsible for reviewing rezoning requests
should create a file for those rezoning requests which are
related to Comprehensive Plan amendment requests. Since the
Comprehensive Plan is amended once a year, beginning in
January, these rezoning applications should be processed at
that same time.
STEP 7:
STAFF PLANNER:
The planner should give the amendment request file to the
Planning Technician who prepares a location map and land use
map.
STEP 8: PLANNING TECHNICIAN:
The Planning Technician should prepare one mylar location map
for the file. The technician should also prepare one land use
map, using aerial photographs as the base map. This should
delineate the property for which the land use amendment is
being requested, as well as all the adjacent land uses within
300' of the subject property. This information will be ob-
tained from the survey and supporting information submitted by
the applicant.
STEP 9: STAFF PLANNER:
After the application is complete the staff planner should
review it for reasonableness . Included in the review process
should be a visit to the subject property by the staff planner.
On site, the planner should determine whether the proposed land
use amendment is compatible with the surrounding land uses and
will comply with the intent of the land use element of the
Comprehensive Plan. Included in the review process should be
the following items:
1) What impact will the land use amendment have on
the trafficcirculation and street conditions in the
County?
2) How will County utilities be affected by the land
use change?
3) What impact will the land use change have on the
County's environmental quality. This should include
but not be limited to, an evaluation of the effects on
environmentally sensitive land, groundwater quality,
flood control, existing vegatation and agricultural
land.
-7-
4) Will the proposed land use amendment have an
adverse impact on the County's school system?
5) Will the proposed land use amendment address
any particular need in the County (i.e. for housing?
for agricultural production, etc.).
STEP 10: STAFF PLANNER:
During the last two weeks of January and the first two weeks of
February, each year, initial recommendations should be made on
each amendment request and they should be prepared as agenda
items for the Planning and Zoning Commission.
STEP 11: PLANNING TECHNICIAN::
Public notice of the time, date and place of the Planning and
Zoning hearing on the individual amendments should be ad-
vertised two times, once at least 15 days prior to the hearing
and once at least five, but not more than 10, days before the
Planning and Zoning Commissions' public hearing on the amend-
ments.
STEP 12: STAFF PLANNER:
The planner should present each land use amendment application
and planning staff's recommendation on the application to the
Planning and Zoning Commission.
STEP 13: PLANNING & ZONING COMMISSION
During the last week of February, the Planning and Zoning
Commission should hold a public hearing and adopt
recommendations on each of the applications.
STEP 14: STAFF PLANNER:
The staff planner should include the Planning and Zoning
Commission recommendations in the staff review comments when a
proposed amendment is prepared as an agenda item for the Board
of County Commissioners' meeting.
STEP 15: STAFF PLANNER:
After the Planning and Zoning Commission has adopted
recommendations on each amendment request, the Board of County
Commissioners' office should be informed that an application
for amendment to the land use plan has been made.
STEP 16: BOARD OF COUNTY COMMISSIONERS' CLERK:
According to the Florida Statutes, the Board of County Commis-
sioners' office is responsible for preparing and mailing
notification of the land use amendment proposal to each affect-
ed property owner. The notice should contain a description of
the proposed land use change and the time and place of a public
hearing before the Board of County Commissioners on the pro-
posal. This notice must be received by each affected property
owner at least 30 days before the hearing. At this public
hearing the Board will vote on the land use amendment, there-
fore, the Planning Department shall coordinate the public
hearing date with the Board of County Commissioners' office.
Also, notice of the hearing should be published twice in a
local newspaper, with the first publication not less than 14
days prior to the date of the hearing and the second to be at
least five (5) days prior to the hearing.
MAY41993,
t BOX '53 - PAa 4A 5
MAY 41983 BOOK :' PAGE
STEP 17: STAFF PLANNER:
After the Planning and Zoning hearing on the amendment
requests, the staff planner should prepare a recommendation for
consideration by the Board of County Commissioners on approval
or disapproval of the amendment. This recommendation must be
reviewed and approved by both the Planning and Zoning Manager
and the Community Development Division Director.
STEP 18: STAFF PLANNER:
The staff planner should next put the land use amendment
request on the agenda of the Board of County Commissioners'
meeting for which notification of the public hearing had been
published.
STEP 19: STAFF PLANNER:
The staff planner who has prepared the recommendation should
present it to the Board of County Commissioners at the
scheduled meeting. This should occur during the first or
second weeks of April.
STEP 20: BOARD OF COUNTY COMMISSIONERS:
The land use amendment request will be approved/disapproved by
a majority vote of the total membership of the Board of County
Commissioners.
STEP -21: STAFF PLANNER:"
The staff planner should send a letter
ing him/her of the action taken by the
sion on the land use amendment request.
STEP 22: PLANNING TECHNICIAN:
to the applicant inform -
Board of County Commis -
The Planning Technician should change the land use and zoning
maps, where applicable.
e
-9-
�.J
I
C1!
M
FUTURE LAND USE AMENDMENTS FOR LARGE TRACTS
PROCEDURE:
For Amendment of the Future Land Use Element of the Comprehen-
sive Plan which involves 5% or more of the total area of the
County.
PURPOSE:
The following steps outline the procedural requirements which
are to be followed by the Indian River County Planning Depart-
ment when the County's Comprehensive Plan is amended. These
administrative procedures are to be followed when the future
land use element of the Comprehensive Plan is amended and more
than 5% of the County's total land area is involved. As
written, these procedures comply with the requirements of the
Florida Statutes Chapter 163.3187.
STEP 1:
STAFF PLANNER:
As the planning department begins its process of formulating
plan amendments, notice should be published in a local paper,
requesting that all persons wishing to propose amendments which
would involve 5% or more of the total land area of the County
submit an application to the County's Planning Department (See
Attachments B & C for forms.) This should occur every January
lst. The time period during which amendment applications will
be taken should be included in the advertisement (See
Attachment A for sample Notice).
STEP 2: PLANNING SECRETARY:
Accepts application, starts a file and logs in application for
land use amendments. Cross-referenced cards corresponding to
the file should be typed and placed in the card catalog boxes.
STEP 3: STAFF PLANNER:
The staff planner who is responsible for evaluating land use
amendment requests should check the application for adequacy.
An application will not be considered complete until the
following items have been submitted:
a) Letter of authorization (if applicant is other than
the owner) .
b) Verified statement naming every individual having
legal or equitable ownership of the subject property.
c) Warranty deed.
d) Title insurance or Attorney's opinion of title.
e) Sealed survey of property which also shows the
surrounding and adjacent land uses within 300' of the
property. The adjacent properties need not be
surveyed. Rather, their boundaries should be shown
and uses or homes recorded.
f) Proposed land use.
g) Existing zoning of parcel.
h) Fee
STEP 4: STAFF PLANNER:
The planner should review the application to see if the
proposed land use conforms to the existing zoning. If it does
not, the planner should forward a rezoning application to the
applicant, so that the rezoning and land use amendment requests
can be processed concurrently.
-10-
MAY 4 1983 arc 53
L
STEP 5: STAFF PLANNER:
BQax 53 F,i,44 ;
If a rezoning is necessary, the planner responsible for
reviewing rezonings should be informed by the planner working
on plan amendments that the rezoning application is being
submitted simultaneously with the land use amendment request.
STEP 6: REZONING PLANNER:
The planner who is responsible
should create a file for those
related to Comprehensive Plan
STEP 7: STAFF PLANNER
for reviewing rezoning requests
rezoning requests which are
amendment requests.
At the same time that the advertisement requesting plan
amendment applications is published, the planner who is
responsible for processing amendments to the Comprehensive Plan
should contact each County Division Head, notifying them that
applications for amendments to the Future Land Use Element of
the Comprehensive Plan, which involves 5% or more of the total
land area of the County are being accepted. This notification
should request that each Division which has a recommended
amendment should submit the recommendation to the Planning
Department.
STEP 8: STAFF PLANNER:
The planner should chive each amendment request file to the
Planning Technician -for graphics preparation.
STEP 9: PLANNING TECHNICIAN:
The technician should prepare one mylar location map for the
file. The technician should also prepare one land use map,
using aerial photographs as the base map. This should
delineate the property for which the land use amendment is
being requested, as well as all the adjacent land uses within
300' of the subject property. This information will be
obtained from the survey and supporting information submitted
by the applicant.
STEP 10: STAFF PLANNER:
After all applications have been submitted, the staff planner
should review each for reasonableness. Included in the review
process should be a site visit to the subject property by the
staff planner. On site, the planner should determine whether
the proposed land use amendment is compatible with the
surrounding land uses and will comply with the intent of the
land use element of the Comprehensive Plan. Included in the
review process should be the following items.
1) The major problems associated with development
including physical deterioration, land use changes
and economic and social conditions which have prompted
the amendment proposal.
2) The condition of the future land use element of the
Comprehensive Plan at the date of plan adoption and
plan revision.
3) A comparison of the plan element's originally stated
objective and the results at the date of revision.
4) The extent to which unanticipated or unforseen
problems have affected the County's land use pattern
and future land use needs between the time of plan
adoption and plan revision.
-11-
5) What impact the land use amendment will have on
the County's various land uses, including but not
limited to, the County's traffic system, capability
to provide utilities, housing needs, educational
system, flood control systems, agricultural land and
environmentally sensitive land.
STEP 11: STAFF PLANNER:
After the Planning Department of the Community Development
Division has formulated the amendments to the County's
Comprehensive Plan which it intends to propose, a date for a
public hearing at a Planning and Zoning Commission meeting on
the amendments should be set.
STEP 12: PLANNING TECHNICIAN:
Notice of the hearing date, time, place and the purpose of the
hearing should be published by the Planning Department at least
twice in a local newspaper. The first publication should be
not less than 15 days prior to the date of the hearing and the
second should be at least five days prior to the hearing.
STEP 13: PLANNING & ZONING COMMISSION:
The Planning and Zoning Commission should next hold a public
hearing to discuss the proposed amendments. At this meeting a
recommendation on each of the proposed amendments should be
adopted by the Planning and Zoning Commission and forwarded.to
the Board of County Commissioners.
STEP 14: STAFF PLANNER:
After the Planning and Zoning'Commission has adopted a recom-
mendation stating the proposed amendments, copies of these
amendments should be sent to the State Department of Veteran
and Community Affairs, the Treasure Coast Regional Planning
Council and any other governmental agency which has filed a
request to receive copies of the amendment for its review.
STEP 15: STAFF PLANNER:
Wait to receive written review comments from the State, TCRPC
and other reviewing agencies. The State and TCRPC should
submit review comments to the County within 60 days, unless the
County has agreed to a longer review period.
STEP 16: STAFF PLANNER et al:
If the State, TCRPC or any other governmental reviewing agency
submits any objections to the amendments in their review
comments, the County must reply to these comments within four
weeks. The County may not adopt the plan amendments until two
weeks after it has sent this letter to the DCA and TCRPC.
These review comments and the County's -replies to them shall
become a permanent part of the public record.
After all review comments are received and considered by the
Planning Department, the Board of County Commissioners should
hold two (2) public hearings on the proposed amendment. '(Note:
One of these hearings may be held by the Planning and Zoning
Commission.)
STEP 17:
Notice of the first public hearing should be published approxi-
mately 7 days before the hearing -is held. (See Attachment "D"
for sample advertisement.)
-12-
Boa 53 PAG449
F7 MAY 4193
STEP 18:
BOOR 53 PA*U� 1:50
A public hearing should be held at which the proposed plan
amendments are discussed. At the end of the public hearing,
the day, time and place at which the second public hearing will
be held, should be announced.
STEP 19:
Notice of the second hearing should be published approximately
nine (9) days after the first hearing and five (5) days before
the second.
STEP 20:
The second public hearing should be held by the Board of County
Commissioners.
STEP 21:
After the second public hearing, the Board of County
Commissioners may adopt the proposed amendments by a majority
vote of the total membership of the Commission.
-13-
W M
COMPREHENSIVE PLAN AMENDMENT
APPLICATION FEE
Amendment of any element of the Comprehensive Plan
other than the future land use element NO FEE*
Amendment of the future land
use element of the
Comprehensive Plan
involving less than
5% of the County's
total land area.
1. Less than
5 acres
$150
2. 5-40 acres
$250
•• 3. 41-1.00 acres
$300
4. More than
100 acres
$500
Amendment of the future land
use element of the
!
Comprehensive Plan
involving more than
5% of the County's
total land area
$1,000
*This type of amendment involves the five year update of the
Comprehensive Plan as required by the Local Government .
Comprehensive Planning'Act, Chapter 163.3161, F.S. Since
only the County will initiate amendments of this type, no
fee will be charged.
Box 53 PAcf 451
r MAY 41983
Attachment A
PUBLIC NOTICE
of
Indian River County Comprehensive Plan Amendment
This isoto notify the 'public that Indian River County is accepting
applications for amendment to its Comprehensive Plan. Any person
wishing to apply for a change in•the.land use designation of his
property, is delineated in the land use element of the ,current Compre-
hensive Plan, should contact the Indian River County Planning Department
for an application.
The Planning Department will review all applications and inform
each applicant of the time, place and date of the public hearing at
which his request for amendment will be heard. All applications must
be received by the Planning Department by •
Attachment B
• f1 13 li 1� •I'NO N -FO) 131 • M 1 Z It 15 1 ZEN 0 '' '.MDI
Applicant:
ACTIVITY
1) Application and fee accepted and logged in.
2) File created and index card filed
3) File given to staff planner responsible
for evaluating Comprehensive Plan amendment
requests.
4) Application checked for adequacy:'
a) Letter of authorization (if applicant is other than the owner).
b) Verified statement naming every individual having legal or
equitable ownership.
c) Warranty deed.
d) Title insurance or Attorney's opinion of title.
e) Sealed survey which also indicates what the surrounding and
adjacent land uses are within 300' of subject property.
f) Proposed. land use.
g) Existing zoning.
h) Fee.
5) Application given to Planning Technician for
"graphics preparation.
• 6) Zoning of parcel checked and application
• information forwarded to rezoning planner
if necessary.
7) Application checked for reasonableness:
a) Would change in land use designation be in conformance with
intent of Comprehensive Plan?
b) Would change in land use designation be compatible with
surrounding land uses?
8) Site visit.
9) Advertisement for public hearing before the
P&Z published twice, once at least 14 days
prior to the hearing and once at least 5,
but no more than 10 days before the public
hearing.
10) Agenda item prepared for each amendment
request.
11) P&Z hearing on the amendment requests at
which the P&Z adopts recommendations on each
amendment request.
12) Notification of application for change of
land use designation should be forwarded to
the Board of County Cotmnissioners' office.
13) The Clerk in the Board of County Commissioners'
office notifies each affected property owner,
by mail, of the proposed land use change and
date of public hearing for amendment request.
14) Staff Planner responsible for evaluating plan
amendment reviews application and writes
reconnendation for approval or disapproval of
land use designation change.
-16-
i
MAY 4 1983 a 53 PAct'5 .
MARY 4 1983
BOOK
15) Planner puts public hearing for land use
change proposal on Board of County Cam«issioners'
agenda for the meeting, the date of which was
advertised by the BCC office.
16) Planner presents land use aitendment proposal
to Board of County Coxmdssioners at the public
hearing.
17) Proposal accepted or rejected by Board of
County Commissioners.
18) Informational letter sent to applicant.
19) Information given to Planning Technician to
update land use map and/or text of Comprehensive
Plan.
20) File closed.
-17-
r
46
i
i
i
-17-
r
r
Attachment C
INDIAN RIVER COUNTY
Application for Amendment of Land Use Designation
DATE RECEIVED: DATE ACCEPTED:
APPLICANT:
ADDRESS:
PHONE:
OWNER:
PHONE:
ADDRESS:
EXISTING LAND USE DESIGNATION:
REQUESTED LAND USE DESIGNATION:
ACRES TO BE REDESIGNATED:
EXISTING USE:
PROPOSED USE:
The following items must be attached to the application:
1) If tie applicant'Is other than; ;tie owher ( s) , °a sworn'
statement of authorization 'must accompany each copy:of this'
application. ,
2) A verified statement naming every individual having legal
or equitable ownership in the property.
3) A copy of the owner's deed must accompany each copy of this
application.
4) A -current owner's title policy, --a certificate of title from
A title company, or an attorney's opinion evidencing fee
ownership of the property.
5) If the property is not located within a recorded
subdivision, a copy of a survey of the subject property must
accompany each copy of the application. This survey
must also indicate the location and type of all adjacent
land uses within 300' of the subject property.
Although,'the surrounding uses need not be surveyed.
6) A check, money order or cash in the amount of $ , made
payable to the Indian River County Board of County Commis-
sioners.
MAY 4 1983 53, no 455
MAY
ATTACHMENT D.
SAMPLE NOTICE
BbOK 3 6E 456
The published notice of the public hearing's date, location and
time should be at least one-quarter page in size. The heading
should be typeset with letters no smaller in size than 18
point. The paper in which the notice is published should be a
local paper of general paid circulation. Also, the advertise-
ment shall not be placed in with the legal notices or clas-
sified advertisements.
SAMPLE NOTICE
NOTICE OF REGULATION OF LAND USE
The Board of County Commissioners of Indian River County
proposes to amend the regulation of the use of land within the
area shown in the map in this advertisement.
A public hearing on the proposal will be held on
at
(Location map identifying areas affected by,plan amendments.)
-19-
1
Elements
other than
land use
element.
ATTACHMENT E
AMENDMENT TIMETABLE
JANUARY
FEBRUARY
MARCH APRIL
MAY
JUNE
60 Day review period
Letter sent to DCA &
'6/1 -Notice of
land
.1/1 -Requests for amend.
2/14 -3/1 -Amends. form-
3/1 -1st Notice of P&Z 60 Day review period
Letter sent to DCA &
6/1 -Amend. to
advertised, dis-
ulated by planning
hearing (3/16-5/15)
TCRPC re: Review
BCC for
tributed, through-
staff.
3/9 -2nd Notice "
comments (2 week
considera-
out County.
out County.
3/14 -PAZ mtg. to adopt
waiting period)
tion and
1/14-Amend..applica-
b
amendments
(5/15-5/24)
possible
tions due.
3/14-P&Z mtg, to make
3/16 -Amend. sent to
(5/15/5/29)
approval.
1/15 -2/14 -Amend, appli-
area i' involved,
DCA & TCRPC
a recommendation
cations reviewed by.
6/17 -Notice of
-staff.
in amends.
-20-
2
1/1 -Requests -for amend.
2/14 -3/1 -Amends. form-
3/1 -1st Notice of P&Z
60 Day review period
Letter sent to DCA &
'6/1 -Notice of
land
advertised, dis-
ulated by planning
hearing.
(3/16-5/15)
TCRPC re: Review
1st BCC meeting
Future
element
tributed, through-
staff.
3/9 -2nd Notice of P&Z
comments (2 wk, wait-
published.,
use
where 7 5% of
out County.
hearing.
ing period)
6/8 -1st BCC
County 's land
1/14 -Amend, applica-
3/14-P&Z mtg, to make
(5/15/5/29)
hearing.
area i' involved,
tions due,
a recommendation
6/17 -Notice of
1/15 -2/14 -Amend. appli-
in amends.
2nd BCC hearing.
cations reviewed by
3/16 -Amend, sent to
6/22 -2nd BCC
staff.
DCA & TCRPC.
public hearing
at which amends.
ma be ado ted.
1/1 -Requests for indi-
2/14 -1st notice of P&Z
3/1 -Letter sent to
4/3 -2nd notice of hearing.
Future land
vidual amendments
public hearing
affected property
4/8 -BCC public hearing
use element
published,
published.
owners by BCC
at which amend. re -
where < 5% of
1/14 -Amend, applica-
2/23 -2nd notice of P&Z
office,
quests are approved/
County's land
tions due.
public hearing
3/8 -All affected prop.
disapproved.
area is involved,
published.
owners should have
2/28-P&Z hearing to
adopt set of
received notice.
3/25 -1st notice of BCC
_
proposed amends,
public hearing
Dublished.
-20-
2
TURTLE RESEARCH PROPOSAL
aoox 453 PA,,,458
Community Development Director King reviewed the following
memo recommending approval of the request made by Caretta
Research, Inc.:
TO: The Honorable Members DATE: April 25, 1983 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE
Poo!OBJECT: TURTLE RESEARCH PROPOSAL
Patrick Bruce King, I P
A
THROUGH: Bob Keating,`AICP
Planning & Zoning Dept.,Manage
FROM: Art Chal acombe, REFERENCES:
Environmental Planner
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting on May 4, 1983.
DESCRIPTION AND CONDITIONS
During the summer of 1982, Caretta Research, Inc. was hired by.
Dock Masters of Ft. Pierce to patrol and relocate turtle eggs
on John's Island in conjunction with a beach erosion control
program. At that time, it was realized that a formal study
should be made concerning the impact of the sand filled nylon
bags being placed in turtle nesting grounds. The purpose of
the study would be to determine if interference with
successful nesting by marine turtles occurs because of the
installation of this type of erosion control technique.
On April 19, 1983, Indian River County received a letter from
Mr. Edward J. Phillips of Caretta Research, Inc. requesting
favorable consideration by the Commission to allow initiation
of the study and to authorize patrol of the subject beach area
with two Honda ATC 90 three -wheeled motor bikes.
ALTERNATIVES AND ANALYSIS
Upon receipt of the letter from Caretta Research, Inc., staff
contacted the Florida Game & Fresh Water Fish Commission,
Florida Department of Natural Resources, and the U. S. Fish &
Wildlife Service to inquire as to the background of the firm.
All three agencies reported that Caretta Research, Inc. was
very experienced throughout the State in conducting turtle
research. Mr. Ross P. Witham of the Department of Natural
Resources stated that utilization of the three -wheeled motor
bikes is common practice in marine turtle study and, if the
bikes are properly handled, they should not have an adverse
effect on the nesting turtle population.
101
e
Staff also contacted Mr. Joseph Dorsky, Town Manager of the
Town of Indian River Shores. Mr. Dorsky stated that he had
not been approached by Caretta Research, Inc. concerning the
study and would be interested in obtaining more details from
Mr. Phillips.
Resolution No. 81-57 which restricts operation of all mo-
torized vehicles on public beaches in Indian River County,
authorizes the County Administrator to approve the use of
motorized vehicles for scientific purposes. The Town of
Indian River Shores has a similar resolution.
RECOMMENDATION
Staff recommends that the County Commission give favorable
consideration to the Caretta"Research, Inc. request, prow;.ding
the request is acceptable to the Town of Indian River Shoes.
Staff further recommends that the Commission authorize the
County Administrator to coordinate with the Town of Indiai
River Shores on this matter.
Some discussion ensued regarding cost, and Mr. King stated
that there is no cost to the County; he believed all their funds
are received through a grant.
Commissioner Bowman informed the Board that she sent a copy
of this proposal to Dr. L. Erhart, who is well known in this
field and has an on-going turtle study in Brevard County. Dr.
Erhart informed her that the Caretta Research people are very
reliable, but he didn't see why they need motorized vehicles for
a beach study which only involves a half mile area. He also felt
that Honda ATC 90's were too powerful as they will not be riding
these vehicles over the dunes. Another point the doctor raised
was that there was need for adequate supervision since they are
going to use high school students. Commissioner Bowman did feel
the study proposed is a good study, but felt if approval were
granted, it should be specified that they use lower powered
Hondas and agree that those doing the work will be well
supervised.
Commissioner Lyons believed we should ask the research
people to reconsider the need for the Hondas since we already
have a problem keeping vehicles off the beach, and if we grant
their request, it will make it that much harder to control.
Considerable discussion followed as to the actual size of
the study area, and several conflicting descriptions of the study
102
D�4K a.�c' PAGEa
X59
MAy 4 1983
MAY 4 1903
area were presented. Mr. King had felt the research would
involve the entire beach length, and Administrator Wright
commented that the grant sets out that they are going to go 60
miles a day. He noted that we really don't know what kind of
equipment they are going to be hauling, or exactly what is
involved, and it seems we are second guessing the grant.
Commissioner Scurlock noted that they may have several
projects up and down the coast and felt possibly we should delay
action because we have conflicting information.
Motion was made by Commissioner Lyons, seconded by
Commissioner Scurlock, to approve the request of Caretta Research
re the Turtle Research project with the reservation that there
be no vehicles allowed on the beach.
Commissioner Wodtke felt very probably the main reason this
request was brought to the Commission at all was to obtain a
waiver to allow their vehicles on the beach, and Chairman Bird
concurred. He believed that a company with this reputation would
be very much concerned about any potential damage or threat these
vehicles would represent, and he felt they are saying they need
the vehicles.
Commissioners Lyons and Scurlock withdrew their Motion.
ON MOTION MADE by Commissioner Lyons, SECONDED
by Commissioner Scurlock, the Board unanimously
authorized staff to communicate with Caretta
Research, indicating we are in favor of the project
but question the need of the vehicles and are with-
holding action authorizing use of vehicles on the
beach until the need is established and we also have
assurance that the high school students employed on
the project will be properly supervised.
103
a
L-1
WORKSHOP TO STUDY CODY REPORT
The Administrator stated that the purpose of putting this
matter on the agenda was to be able to set a date for the
workshop that would be convenient for all.
After some discussion, it was decided to set Monday
afternoon May 16th, at 1:00 P.M. as the date and time for a
workshop on the Cody -report.
WORKSHOP RE FOURTH COURTROOM
It was decided to have a workshop to discuss the Fourth
Courtroom on Monday, May 9th, at 7:30 P.M.
STATUS OF DOUGLAS SCHOOL
Attorney Brandenburg reported that a lot of work has been
done between the health group and the Wabasso Civic League, and
they have reached a lease agreement, which he received a copy of
late yesterday. Attorney Brandenburg continued that this item
was agendaed because of the requirement for a two 'week update,
and what he would suggest is that the Commission hear a
presentation from the Health group on the agreement they have
reached and reschedule this for the next meeting, when it can be
approved formally and at the same time, a deed to Florida
Community Health Centers can be approved:
Fred Diaz, Executive Director of Florida Community Health
Centers, confirmed that a lot of work has gone into arriving at a
lease, and he believed that both parties are now satisfied with
the agreement that has been reached. One of the major hurdles,
the possibility of having to put sprinklers in the cafeteria, has
been checked out by the architects, and it now seems this will
not be necessary. Mr. Diaz continued that it was brought to
their attention that they would be faced with the problem of
off-street parking requirements, paving, landscaping, etc., and
they have requested a waiver on that particular item.
Mr. Diaz then reviewed some of the main points of their
agreement with the West Wabasso Civic League, stating that the
cafeteria is the designated area so the community can have access
104
MAY 4 1983 aaac 53 pu- 461
MAY 4 1983
to an auditorium or an area they can use for all kinds of
activities along with the playgrounds and restrooms adjacent to
the west of the property. They have also indicated in the
agreement that the classrooms are available if they are not taken
up by other groups who are leasing. He continued that, in lieu
of just telling the Civic League that they must upgrade
.everything, they have given them the option that if the Health
Group has to go in and upgrade the facilities for them, they
would do it on a cost basis by use so they can defray that cost.
In the rest of the agreement, mainly they are just asking them to
pay for utilities and maintenance cost.
Discussion ensued on the action needed, and Attorney
Brandenburg noted that we must record the deed from the School
Board to us for the bouglas School; it will be necessary to
process the variance request; and also take action on the Land
Use Plan designation for the area.
Chairman Bird asked if it is our intention to deed to the
Health Care group the entire piece of property or just a portion
as he was thinking of the possible need for some of this acreage
for recreation activities over the long term.
The Administrator did not believe we are retaining anything,
and Mr. Diaz stated that his understanding was that they were to
get the entire 10 acres, but he felt probably something could be
worked out regarding recreational activities.
Margaret Ingram, President of the West Wabasso Progressive
Civic League, also did not feel there would be any problem and
noted that if she knew of any County recreation program, she
would be delighted to work with the County on it.
Commissioner Lyons believed that some time in the future
there undoubtedly will be a County operated recreation program in
that area, and Chairman Bird noted that he is just trying to look
ten years down the road.
Discussion continued and Attorney Brandenburg stated that a
clause could be included indicating the County could use for
105
s _ �
their purposes any portion of the premises that was unused, and
it was noted that the County would maintain whatever they used.
Additional discussion arose regarding the interpretation of
the Building code and the need for sprinklers. Mr. Diaz assured
the Board that this has been discussed with the Fire Inspector
and noted that part of the remodeling includes fire walls, etc.
He pointed out that they have to meet the fire codes in order to
get the occupancy permit.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Lyons, the Board unanimously
rescheduled for the agenda of the May 18th
meeting approval of a deed transferring the
Douglas School facility to Florida Health
Centers and authorized the Attorney to pre-
pare the necessary documents, etc.
REPORT ON BEACH ACQUISITION COMMITTEE
Chairman Bird reported that the Beach Acquisition Committee
has designated 11 parcels on which they would like to start some
serious negotiations. He explained that they have broken up into
two man negotiating teams, and along with the attorney, they are
scheduling meetings with owners. Hopefully these teams can get
to a bottom line figure and come to the Commission with a package
of recommendations as to the best deals. These negotiating
sessions are set up so that they all should be conducted by May
15th, and he felt things look fairly encouraging.
Administrator Wright announced that everything is set to
close on the Beach Bonds at Jacksonville on May 10th and they
hope to charter a plane so they can be there by 9:00 A.M. and
have the closing by noon. He noted that there will be a meeting
of the State Division of Recreation & Parks Committee on May 10th
and this is where they will rate the Nutt property for the Beach
Acquisition Program. He recommended that after the closing in
106
MAY 4 1983 80M �3 Pnc 463
MAY 4 1993 a; P;+c 464
Jacksonville, they continue on the Tallahassee to attend that
meeting also as the Department of Natural Resources people feel
we should be there.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bowman, the Board unanimously
approved out -of -county travel for Chairman Bird,
Attorney Brandenburg, and Administrator Wright
to attend the bond closing in Jacksonville on the
morning of May 1.0, 1983, and to attend the meeting
of the State Recreation & Parks Committee in the
afternoon of the same day in Tallahassee, travel
to be by chartered plane.
PEBBLE BAY WASTEWATER SYSTEM - FINAL ACCOUNTING
Attorney Brandenburg informed the Board that in discussing
the agreement between Indian River Shores and the County
regarding wastewater collection, it appears there were some
discrepancies in the accounting procedures employed by former
Mayor Nolan. Apparently, the Town owes the County an additional
,....$12,000 and has agreed to pay it as confirmed by the following
letter from Town Manager Dorsky.
107
TOWN OF INDIAN RIVER SHORES
6001 NORTH A-1 -A BOX 8007
- r INDIAN RIVER SHORES, FLORIDA 32960
Telephone: 305 - 231-1771
May 2, 1983
Mr. Gary M. Brandenburg
Indian River County Attorney
1840 - 25th Street
Vero Beach, Florida 32960
Dear Mr. Brandenburg:
J. C. Dorsky
Town Manager
This refers to your letter of March 1, 1983
concerning the accounting of funds under the
agreement dated January 25, 1982 between
Indian River Shores and the County.
I have reviewed the correspondence and
memoranda on this subject, both received and
sent, in this office. In order to bring the
basis for our respective obligations to
a common point, I referred to Mr. Neil A.
Nelson's memorandum of December 10, 1981
(Assessment Fee For Pebble Bay Area Waste-
water Improvements), the January 25th
agreement and Mayor Nolan's letter to Mr.
Fry dated November 3, 1982 and as described
in these papers, I find the following
obligations and payments:
(a) Town's Obligation To The County:
(b) County's Obligation To Town
(Items 6-11 Nelson's memo)
(c) Balance Due County:
(d) Town Paid To Vero Beach
for County (Vero Beach
Connection Fee)
(e) Town Paid To County Direct
(f) Total Paid To Date:
Balance due County from the Town
(c) - (f )
a
>
04Y
co
o
c
$56,051.00
24,458.00
$31,593.00
13,875.00
5,250.00
19,125.00
$12,468.00
I have brought this obligation before our Town
Council and have received approval to pay the
amount due the County as soon as funds are available.
Before proceeding further, I would like to receive
concurrance from the County that this payment fully
discharges the Town's financial obligation to the
County under our agreement.
ly yours,
. C. Dorsk
108
MAY 41983 boo$ : 53' PAGE 465
MAY 41983 a®ac
ON MOTION BY Commissioner Scurlock, SECONDED
by Commissioner Lyons, the Board unanimously
accepted the figure of $12,468.00 as being the
balance due the County by the Town of Indian
River Shores under agreement dated January 25,
1982.
UPDATE ON VISTA ROYALE LAWSUIT
X953 PAGE 466
Attorney Brandenburg noted that the Vista Royale Condominium
Association has sued the County re imposition of the new County
water rates, and he has given the County a copy of the Complaint
which is 21 pages long. He stated that he wanted to bring this
up to give the Board an opportunity to supply his office any
input with respect to the suit. He has filed a Motion to Dismiss
the complaint for various grounds, and this will be heard some
time in June. After that the County will be required to answer
the Complaint, state its position, and bring forth any defenses
and counterclaims. The Attorney stated that it was his
understanding that the County's position always was that they
intended to adopt and still intend to have a fair rate fee
ordinance for the entire County system, and some time ago the
County hired a consultant to do'a study and make recommendations
as to whether the present fee structure is an equitable one,
which study will be received shortly. If their recommendations
indicate the ordinance is fair and proper, his -office will be in
a position to move ahead and defend it. If they suggest certain
modifications, the Attorney believed the Board should make those
modifications adopting a fair ordinance, and this will put Vista
Royale in a, position of either accepting the ordinance or
amending their lawsuit to attack the new ordinance.
Administrator Wright stated that they hope to finalize the
study Monday and then he will come back to the Board.
Chairman Bird asked if a workshop is needed, and Commis -
109
sioner Scurlock explained that the professional consultant will
make a recommendation regarding rates, with documentation as to
how they arrived at these rates, and he did not see much that the
Board can address other than to see that they did as we directed.
Discussion ensued as to the process to be followed after
receipt of the study, and Attorney Bradenburg stated that if it
is determined an ordinance amendment is necessary, there would
have to be a public hearing. It was also noted that it would be
necessary to meet with Farmers Home Administration regarding any
modification of the present ordinance.
In further discussion regarding the use of consultants and
defense of the lawsuit, it was felt Attorney Brandenburg should
keep a record of the time and effort he spends on this matter to
see what this suit will end up costing the county.
Commissioner Scurlock felt the lawsuit was premature in not
giving us an opportunity to do this study and make sure our house
is in order. He noted that we had to meet the requirements of
the bond issue, and we intended to do this study long before the
lawsuit was filed.
Attorney Brandenburg cautioned that should the Commission
adopt another rate structure, we do not want to be in the
position of adopting it under this lawsuit and then have another
lawsuit where another group in the county next says the rates are
unfair to them. He felt we may have to involve all the people in
the County so the Judge will decide it is fair to all in the
County.
CERTIFICATE AS TO PUBLIC MEETINGS
Attorney Brandenburg announced that for the Closing on the
Beach Bond $5,000,000 issue, it is necessary that each member of
the Board sign a Certificate stating that all actions were taken
"in the sunshine.°
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Lyons, the Board unanimously
110
MAY 4 1983
MAY a 1983
awv w g
authorized the signature of all Commission
members to the Certificate as to Public Meetings.
CERTIFICATE AS TO PUBLIC MEETINGS
STATE OF FLORIDA )
ss.
COUNTY OF INDIAN RIVER)
Each of the undersigned members of the Board of County
Commissioners (the "Board") of Indian River County, Florida (the
"County"), recognizing that the purchaser of $5,000,000 General
Obligation Bonds, dated April 1, 1983 (the "Bonds"), of the County
will have purchased said Bonds in reliance upon this Certificate,
does hereby certify that.he/she, meeting together with any other
member or members of the Board, has not reached any prior conclu-
sion as to whether the actions taken by the Board with respect to
said Bonds, the security therefor and the application of the pro-
ceeds thereof, should or should not be taken by the Board or should
or should not be recommended as an action to be taken or not to be
taken by the Board, except at public meetings of the Board held
after due notice to the public was given in the ordinary manner
required by law and custom of the Board.
IN WITNESS WHEREOF, we have hereunto set our hands this
4 day of May, 1983.
G ►
Sworn to and
May, 1983.
L
cribed before me this 4 day of
Notary 4dPaubl i c, tate o Florida
My Commission Expires: d I /FAT
111
ADDED ITEM RE EXTENDING POSITION OF PARALEGAL
Finance Director Barton requested that the Board consider
adding an emergency item to the agenda in regard to extending the
position of paralegal which was authorized only for a six month
period.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Scurlock, the Board unanimously
added the above emergency item to the agenda.
Attorney Brandenburg stated that his feeling was that it was
unnecessary to bring this item to the Board and that the
Administrator had the authority to take care of this matter.
Apparently the Finance Director felt it should go to the Board.
Finance Director Barton pointed out that the Motion
authorizing the hiring of a paralegal stated that it was for a
six month period, and beyond that six month period, he has no
authority to issue a paycheck. It is merely a housekeeping
matter; he simply needs to know if the Board wishes to extend
this beyond the six month period.
Attorney Brandenburg stated that he and the Administrator
feel that Mr. Poggie's work.has been well worthwhile and they had
talked about considering continuing him on his current pay scale
under the fund he currently has in his budget.
Administrator Wright stated that if the Board will waive the
six month provision, they will take care of this.
Commissioner Wodtke asked if Mr. Poggie is becoming a
permanent employee, and the Administrator stated that is not the
intent.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously
waived the six month period set for employ-
ment of paralegal, Joseph Poggie.
112
MAY 4 1983
MAY 4 1993 aoac 53- PAUi 470
The several bills and accounts against the County having
been audited were examined and found to be correct were approved
and warrants issued in settlement of same as follows: Treasury
Fund Nos. 85659 - 85849 inclusive. Such bills and accounts being
on file in the Office of the Clerk of the Circuit Court, the
warrants so issued from the respective bonds being listed in the
Supplemental Minute Book as provided by the rules of the
Legislative Auditor, reference to such record and list so
recorded being made a part of these Minutes.
There being no further business, on Motion made, seconded
and carried, the Board adjourned at 3:20 o'clock P.M.
Attest:
" 01i CA J
Clerk
113
Chairman